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RICH v. STATE

No. 4D02-4187.

859 So.2d 550 (2003)

James RICH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 19, 2003.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and James W. McIntire, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

Prior report: 814 So.2d 1207.

PER CURIAM.

We reverse Appellant's sentence as a habitual violent felony offender, under section 775.084(1)(b), Florida Statutes, and remand for re-sentencing.

At the sentencing hearing, the state relied upon either Appellant's last release from state prison or the fact that Appellant was on probation within five years of committing the instant offense. Because the state is required...

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