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JAMES MCFADDEN, Appellant v. STATE OF FLORIDA, Appellee.

PER CURIAM.

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.

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McFADDEN v. STATE
(Nov 27, 2002)