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ROOKER v. STATE

No. 2D00-2031.

784 So.2d 1224 (2001)

Patrick ROOKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 18, 2001.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Sonya Roebuck Horbelt, Assistant Attorney General, Tampa, for Appellee.

WHATLEY, Judge.

Patrick Rooker appeals his habitual felony offender sentence for his violation of probation conviction. Rooker was originally placed on probation after being convicted of burglary and possession of a controlled substance. He argues, and the State correctly concedes, that it was improper to sentence him as a habitual felony offender for the possession of a controlled substance conviction. See Miller v...

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