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DILLARD v. STATE

No. 4D01-3744.

820 So.2d 994 (2002)

Kevin DILLARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 19, 2002.

Attorney(s) appearing for the Case

Kevin Dillard, Arcadia, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.

STONE, J.

We reverse an order denying post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.800. Dillard was convicted of attempted trafficking in cocaine in an amount between 28 and 200 grams pursuant to sections 777.04 and 893.135, Florida Statutes (1997). He was sentenced, in 1998, as a habitual felony offender to twenty years in prison. Appellant asserts that his habitual offender sentence is unlawful...

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