OTIS LEE HARDWICK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Habitual Violent Felony Offender cases and more on FLexlaw
PER CURIAM.
The appellant, Otis Lee Hardwick, challenges the habitual violent felony offender sentence1 imposed following his jury conviction for robbery with a firearm.2 We agree with the appellant’s argument that at sentencing the state failed to prove that he committed the robbery within five years of his release from prison for the enumerated felony necessary to qualify the appellant as a habitual violent felony offender. See Stephenson v. State, 666 So. 2d 573 (Fla. 2d DCA 1996). However, because the appellant never objected to the sufficiency of the state’s proof to establish his eligibility to be treated as a habitual violent felony offender, the state shall have the opportunity on remand to supply the requisite proof. See Johnson v. State, 576 So. 2d 916 (Fla. 2d DCA 1991).
Reversed and remanded for resentencing.
THREADGILL, C.J., and FRANK and LAZZARA, JJ., concur. . See § 775.084(l)(b), Fla. Stat. (1993).
. See § 812.13(2)(a), Fla. Stat. (1993).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Landreth v. State, 739 So. 2d 1198 (Fla. 2d DCA 1999)…rly extends the defendant’s incarceration or supervision would likely be considered fundamental). Accordingly, we reverse. On remand, the trial court may again sentence Lan-dreth as a violent career criminal if he qualifies. See Hardwick v. State, 677 So. 2d 958 (Fla. 2d DCA 1996). FULMER, A.C.J., and DAVIS, J., Concur. . A conviction for an "attempt” to commit one of the noted offenses does not meet the requirements of section 775.084(l)(c), Florida Statutes (1995).…
-
Hardwick v. State, 702 So. 2d 542 (Fla. 2d DCA 1997)…ly denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. He alleges that the trial court disposed of the motion orally at the same time it entered an order regarding sentencing on remand from this court in Hardwick v. State, 677 So. 2d 958 (Fla. 2d DCA 1996). To facilitate the resolution of this petition we obtained from the circuit court clerk Hardwick’s motion for postconviction relief, and confirmed that the motion was indeed denied on October 29, 1996, as he asserts, and that his…
-
Riser v. State, 898 So. 2d 116 (Fla. 2d DCA 2005)…offense for habitual violent felony offender sentencing). Because Riser never objected to the sufficiency of the State’s proof, the State is allowed on remand to establish that Riser qualifies for habitual offender treatment. See Hardwick v. State, 677 So. 2d 958 (Fla. 2d DCA 1996). We see no merit to Riser’s argument that the jury must make a finding that the current offenses were committed within five years of the prior convictions. See Wright v. State, 780 So. 2d 216 (Fla. 5th DCA 2001) (rejecting argume…
Authorities Cited
- Orrin Johnson v. State, 576 So. 2d 916 (Fla. 2d DCA 1991)
- Stephenson v. State, 666 So. 2d 573 (Fla. 2d DCA 1996)