GALE LAVERN BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In this direct criminal appeal, the appellant challenges a habitual felony offender sentence. Although the state offered certified copies of judgments of conviction for two qualifying felonies, upon proper objection the state failed to prove that the person named in the certified copies was the appellant. See Louis v. State, 647 So. 2d 324 (Fla. 2d DCA 1994); see also Killingsworth v. State, 584 So. 2d 647 (Fla. 1st DCA 1991). We accordingly vacate the habitual felony offender sentence and remand for resentencing. Upon resentencing, the appellant may again be sentenced as a habitual felony offender if the state can establish both the historical fact of the predicate convictions and the identity of the appellant as the person named in those judgments of conviction.
MINER, ALLEN and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Ransom Louis Collins, 985 So. 2d 985 (Fla. 2008)…4th DCA 2002); Cameron v. State, 807 So. 2d 746 (Fla. 4th DCA 2002); Morss v. State, 795 So. 2d 262 (Fla. 5th DCA 2001); Roberts v. State, 776 So. 2d 1034 (Fla. 4th DCA 2001); Rhodes v. State, 704 So. 2d 1080 (Fla. 1st DCA 1997); and Brown v. State, 701 So. 2d 410 (Fla. 1st DCA 1997). We have jurisdiction to resolve the certified conflict. See art. V, § 3(b)(4), Fla. Const. We hold that the State may indeed present additional evidence on remand. Below we discuss the conflict in the district courts and then ex…1 / 2
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Ransom Louis Collins v. State, 893 So. 2d 592 (Fla. 2d DCA 2004)…la. 4th DCA 2002); Cameron v. State, 807 So. 2d 746 (Fla. 4th DCA 2002); Morss v. State, 795 So. 2d 262 (Fla. 5th DCA 2001); Roberts v. State, 776 So. 2d 1034 (Fla. 4th DCA 2001); Rhodes v. State, 704 So. 2d 1080 (Fla. 1st DCA 1997); Brown v. State, 701 So. 2d 410 (Fla. .1st DCA 1997). We therefore certify direct conflict with Wilson, Cameron, Morss, Roberts, Rhodes, and Brown, pursuant to article V, section 3(b)(4), Florida Constitution, and Florida Rule of Appellate Procedure 9.030(a)(2)(A)(vi). ■ Reversed…
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Levon Wilson v. State, 830 So. 2d 244 (Fla. 4th DCA 2002)…de corroborating evidence establishing both the historical fact of the predicate convictions and the identity of the appellant as the person named in those judgments of conviction. Moment v. State, 773 So. 2d 577 (Fla. 4th DCA 2000); Brown v. State, 701 So. 2d 410 (Fla. 1st DCA 1997). Therefore, the state’s failure to provide authenticated fingerprint analysis to prove that the person named in the certified convictions was Wilson is reversible error. Upon re-sentencing, Wilson may again be sentenced as a ha…
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- Killingsworth v. State, 584 So. 2d 647 (Fla. 1st DCA 1991)
- Louis v. State, 647 So. 2d 324 (Fla. 2d DCA 1994)