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658 So. 2d 172

Mearns v. State

District Court of Appeal of Florida · decided 1995-07-19

Relies on 614 So. 2d 486 - Ashley v. State · Amendments to Rule of Jud. Admin. 2.051 · 649 So. 2d 230 - Ocean Village Condominium Ass'n, Inc. v. Brooks

Decided 1995-07-19

¶1ON MOTION FOR REHEARING

PER CURIAM.

¶2On motion for rehearing, the motion is granted, the opinion is withdrawn and the following is substituted in its place.

¶3*173Reversed. See Ashley v. State, 614 So.2d 486 (Fla.1993); Thompson v. State, 638 So.2d 116 (Fla. 5th DCA), review granted, 649 So.2d 234 (Fla.1994); and Smith v. State, 642 So.2d 69 (Fla. 5th DCA 1994), review granted, 651 So.2d 1196 (Fla.1995). We remand for resentencing at which time appellant should be given the opportunity to withdraw his plea and proceed to trial. Should he elect to enter a plea of nolo or guilty, the court in its discretion may sentence him as an habitual offender if the requirements of section 775.084 and Ashleyare met. State v. Wilson, 658 So.2d 521 (Fla.1995).

¶4Reversed and remanded.

WARNER, POLEN and FARMER, JJ., concur.
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