JOHN WILLIAM CAPERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1990-10-17
No. 89-3004
HERSEY, C.J., and ANSTEAD and DELL, JJ., concur.
567 So. 2d 1079 Florida District Court of Appeal, Fourth District (1990) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from a sentence containing a determination that appellant, John William Capers, is an habitual, violent felony offender. At the sentencing hearing appellant questioned the date of an earlier conviction which was the predicate for a finding of habitual offender. When a defendant attacks the truth of the statements relied upon to impose habitual offender status, the state is required to produce corroborating evidence. Lewis v. State, 514 So. 2d 389 (Fla. 4th DCA), dismissed, 518 So. 2d 1276 (Fla.1987). No such corroborating evidence appears in the record in this case.

Appellant also questions the constitutionality of the statute. His position has previously been rejected by this court. See Johnson v. State, 564 So. 2d 1174 (Fla. 4th DCA 1990).

Accordingly, while we reject appellant’s constitutional arguments, we reverse the sentence and remand for resentencing to permit the trial court to revisit the question of whether appellant qualifies for treatment as a habitual, violent felony offender. REVERSED AND REMANDED.

HERSEY, C.J., and ANSTEAD and DELL, JJ., concur.


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  • Jones v. State, 575 So. 2d 798 (Fla. 4th DCA 1991)
    …PER CURIAM. AFFIRMED. See Capers v. State, 567 So. 2d 1079 (Fla. 4th DCA 1990). ANSTEAD and WARNER JJ., and WALDEN, JAMES H., (Retired), Associate Judge, concur.…

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