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RUFF v. STATE

No. 4D07-32.

990 So.2d 704 (2008)

Gregory RUFF, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 24, 2008.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and David John McPherrin, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.

SHAHOOD, C.J.

Appellant, Gregory Ruff, appeals his sentence for possession of cocaine. Ruff urges the trial court erred by sentencing appellant as a habitual felony offender for possession of cocaine.

Appellee, State of Florida, concedes and we agree that appellant's sentence for possession of cocaine should be vacated and remanded for resentencing.

Appellant was charged by Information with two counts of trafficking in oxycodone under section 893.135...

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