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SMITH v. STATE

No. 4D07-4152.

973 So.2d 1235 (2008)

Barry L. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 3, 2008.

Attorney(s) appearing for the Case

Barry L. Smith, Miami, pro se.

No appearance required for appellee.

PER CURIAM.

Barry Smith appeals the denial of his rule 3.800(a) motion challenging his habitual violent felony offender (HVFO) sentence. Smith argued that the prior convictions on which the state relied as predicates could not be used to qualify him as an HVFO because in each case adjudication was withheld and he successfully completed probation. See Overstreet v. State, 629 So.2d 125 (Fla.1993). Smith attached an unsigned...

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