HAZOURI, J.
Appellant, James Osborne, was charged with burglary of a dwelling and grand theft in 1997. At trial, he was found guilty of the burglary of a dwelling and guilty of the lesser included offense of petit theft. In 1998, appellant was sentenced to forty years in prison as a violent career criminal with a thirty year mandatory minimum. After appeal, his case was remanded for re-sentencing pursuant to Salters v. State,
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