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REYES v. STATE

No. 89-2065.

573 So.2d 1059 (1991)

Jose A. REYES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 7, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michele A. Lucas, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca R. Wall, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

After pleading guilty to two counts of grand theft,1 defendant Jose A. Reyes was convicted and sentenced as an habitual felony offender to consecutive five year terms of incarceration. We conclude that the trial court erred in classifying defendant as an habitual offender and, therefore, reverse.

Defendant committed the grand theft offenses on January 31, 1989 and March 21, 1989, and was sentenced on September 13, 1989...

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