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JACOBS v. STATE

District Court of Appeal of Florida, Fourth District.
May 23, 2001

PER CURIAM.

AFFIRMED. See Gray v. State, 26 Fla. L. Weekly D916 (Fla. 4th DCA Apr. 13, 2001) (rejecting claim that under Apprendi v. New Jersey, 530 U.S. 466 (2000), habitual offender sentence is unconstitutional — " Apprendi does not apply to enhanced sentences based on prior conviction.").

Polen, Taylor, JJ., and Damoorgian, Dorian K., Associate Judge, Concur.