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BROOKS v. STATE

No. 4D02-3562.

837 So.2d 1125 (2003)

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

District Court of Appeal of Florida, Fourth District.

February 19, 2003.

Attorney(s) appearing for the Case

James Brooks, Moore Haven, pro se.

Charlie Crist, Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

James Brooks filed a motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). While he raised several issues, we address one. He contends he was improperly sentenced as a habitual violent offender based upon the offense of carjacking, which is not an enumerated offense on which to base enhancement under section 775.084(1)(b), Florida Statutes (2000). We agree and reverse.

Because this error is apparent from the...

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