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MERSON v. STATE

No. 3D00-1893.

786 So.2d 1267 (2001)

Jeremy James MERSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 20, 2001.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Valerie Jonas, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Consuelo Maingot, Assistant Attorney General, for appellee.

Before JORGENSON and RAMIREZ, JJ., and NESBITT, Senior Judge.

PER CURIAM.

Defendant appeals from the denial of his motion to correct an unlawful sentence.

We affirm the portion of the sentence that classifies defendant as a habitual offender. See Robbinson v. State, 784 So.2d 1246(Fla. 3d DCA 2001)(holding that Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) does not apply to Florida's habitual offender statute...

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