Underhill v. State

REVISED OPINION

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.