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SPIVEY v. STATE

No. 3D02-222.

829 So.2d 386 (2002)

William SPIVEY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 6, 2002.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Gary K. Milligan, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and COPE and GERSTEN, JJ.

PER CURIAM.

William Spivey appeals an order resentencing him on count one of Miami-Dade County circuit court case number 96-32448.* Defendant-appellant Spivey was originally sentenced to seventeen years as a habitual offender on count one. Pursuant to a motion for postconviction relief, the habitualization was removed from that count and the defendant was sentenced to seventeen years under the sentencing guidelines. He was not represented...

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