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LABADIE v. STATE

No. 5D01-2756.

840 So.2d 332 (2003)

Montville LABADIE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 27, 2003.

Attorney(s) appearing for the Case

Montville Labadie, Sneads, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and David H. Foxman, Assistant Attorney General, Daytona Beach, for Appellee.

THOMPSON, C.J.

Montville Labadie appeals his conviction and sentence for trafficking in cannabis in excess of 25 pounds after a plea of guilty. He argues on appeal that his conviction violates the requirements of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and should be set aside because a jury should have been given the opportunity to determine beyond a reasonable doubt that the cannabis weighed...

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