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BROOKS v. STATE

No. 4D03-2337.

873 So.2d 1284 (2004)

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

District Court of Appeal of Florida, Fourth District.

June 2, 2004.

Attorney(s) appearing for the Case

James Brooks, Moore Haven, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

James Brooks entered a plea of nolo contendere to a charge of attempted robbery. A Judgment was entered and he was sentenced as a habitual violent felony offender to ten years in prison with an enhancement of five years minimum mandatory imprisonment. On appeal, this court determined that the sentence was improper because carjacking, the offense used to qualify Brooks as a habitual felony offender, is not an enumerated offense under section 775.084(1)...

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