JULIUS UNDERHILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2005-12-07
No. 4D02-3091
WARNER, POLEN and HAZOURI, JJ., concur.
915 So. 2d 269 Florida District Court of Appeal, Fourth District (2005) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

On the court’s own motion we withdraw our previously filed opinion in this case and, based on the Supreme Court of Florida’s decision in State v. Richardson, 915 So. 2d 86, 2005 WL 2155200 (Fla. Sept. 8, 2005), find that appellant’s argument that the trial court erred in sentencing him as a habitual felony offender is without merit. We therefore affirm his conviction and sentence.

Affirmed.

WARNER, POLEN and HAZOURI, JJ., concur.


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