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STATE v. DAVIS

No. SC00-1646.

791 So.2d 1085 (2001)

STATE of Florida, Petitioner, v. Darious DAVIS, Respondent.

Supreme Court of Florida.

July 12, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Michael J. Neimand and Gary K. Milligan, Assistant Attorneys General, Fort Lauderdale, FL, for Petitioner.

No appearance for Respondent.

LEWIS, J.

We have for review Davis v. State, 760 So.2d 977 (Fla. 3d DCA 2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

We quash, in part, the decision of the district court to the extent it determines that a defendant cannot be sentenced as both a prison releasee reoffender and a habitual violent felony offender. Such sentencing does not constitute...

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