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784 So. 2d 1224

Rooker v. State

District Court of Appeal of Florida · decided 2001-04-18

Relies on Armstrong v. State

Decided 2001-04-18

WHATLEY, Judge.

¶1Patrick Rooker appeals his habitual felony offender sentence for his violation of probation conviction. Rooker was originally placed on probation after being convicted of burglary and possession of a controlled substance. He argues, and the State correctly concedes, that it was improper to sentence him as a habitual felony offender for the possession of a controlled substance conviction. See Miller v. State, 696 So.2d 913, 914 (Fla. 2d DCA 1997). Accordingly, we reverse Rooker’s sentence only on this charge.

THREADGILL, A.C.J., and CASANUEVA, J., concur.
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