Opinion
Case No. 4D99-4320
Opinion filed November 27, 2002 Rehearing Denied January 8, 2003.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Dale Ross, Judge; L.T. No. 96-15395CF10B.
Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.
Richard E. Doran, Attorney General, Tallahassee, and Steven R. Parrish, Assistant Attorney General, West Palm Beach, for appellee.
The supreme court vacated this court's opinion in McFadden v. State, 773 So.2d 1237 (Fla. 4th DCA 2000), and remanded the case for reconsideration under Terry v. State, 808 So.2d 1249 (Fla. 2002). Applying Terry, we affirm the trial court's order revoking probation and sentencing appellant to thirty years in prison as an habitual offender.
KLEIN, GROSS and MAY, JJ., concur.
NOTE: MAY, J., was not a member of the original panel, but has had the opportunity to review the entire proceeding.