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HOWARD v. STATE

No. 4D09-2494.

41 So.3d 1076 (2010)

Tourrie HOWARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 11, 2010.

Attorney(s) appearing for the Case

Tourrie Howard, Bowling Green, pro se.

Bill McCollum, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.

ON APPELLEE'S MOTION FOR REHEARING

PER CURIAM.

We deny the state's motion for rehearing or rehearing en banc. However, we withdraw our May 26, 2010 opinion and substitute the following opinion.

The defendant pled no contest to felony battery and battery. The circuit court sentenced him to eighteen months on probation as a habitual felony offender. After the defendant violated his probation, the court sentenced the defendant to 120

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