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ESTEVES v. STATE

No. 4D07-2408.

966 So.2d 470 (2007)

George ESTEVES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 10, 2007.

Attorney(s) appearing for the Case

George Esteves, Perry, pro se.

No appearance required for appellee.

PER CURIAM.

George Esteves appeals the order summarily denying his rule 3.800(a) motion, challenging his habitual felony offender sentence imposed for aggravated battery on a law enforcement officer, committed in January 1995. He asserted that section 775.0823(9), Florida Statutes (1995), authorized the trial court to sentence him only pursuant to the sentencing guidelines. We affirm.

We agree with Esteves that the trial court erred in denying his motion as...

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