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WESTBERRY v. STATE

No. 3D04-3229.

906 So.2d 1141 (2005)

Deoin WESTBERRY a/k/a Deion Westberry, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 5, 2005.

Attorney(s) appearing for the Case

Deoin Westberry a/k/a Deion Westberry, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before LEVY, C.J. and FLETCHER and RAMIREZ, JJ.

FLETCHER, Judge.

Deoin Westberry a/k/a Deion Westberry, sentenced as an habitual offender, appeals from the trial court's denial of post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.800. We affirm.

Westberry asserts in part that he did not qualify for habitual offender sentencing because his prior convictions did not satisfy the sequential sentencing requirement of section 775.084(5), Florida Statutes (2004). See Bover v. State,

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