REGINALD HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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FARMER, J.
We agree with defendant that the trial court erred in sentencing him as a habitual felony offender. The record does not contain the certified copies of the out-of-state convictions purportedly relied on by the state to prove the requisite prior convictions. In fact, the record does not show that these documents were ever actually received in evidence. Moreover, the trial court failed to make specific findings of fact as to the basis for habitual felony offender sentencing. Because the basis for such sentencing is not easily discernible from this record, the absence of findings of fact is not harmless error. See Herrington v. State, 643 So. 2d 1078 (Fla. 1994), and Quarterman v. State, 670 So. 2d 1169 (Fla. 3d DCA 1996).
Accordingly, we reverse the sentence and remand for resentencing at which the trial court will again have discretion, if it be so advised, to sentence defendant as a habitual felony offender upon proper proof of the required convictions and findings of fact as provided by section 775.084(3)(d), Florida Statutes.
REVERSED.
DELL and POLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Montgomery v. State, 770 So. 2d 236 (Fla. 4th DCA 2000)…lant as a habitual felony offender, the court took judicial notice of the sentencing proceedings in State v. Harris, where appellant was habitual-ized. That case was pending on appeal at the time of the sentencing in this case. See Harris v. State, 737 So. 2d 1159 (Fla. 4th DCA 1999). Appellee concedes, and we agree, that based on this court’s opinion in Harris v. State, 737 So. 2d 1159 (Fla. 4th DCA 1999), appellant’s sentence must be reversed and remanded for resentencing. In Hams, this court held that the…1 / 2
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Ross v. State, 848 So. 2d 456 (Fla. 4th DCA 2003)…tence appellant as a habitual offender upon proper proof of convictions and findings of fact required by statute. See Cameron v. State, 807 So. 2d 744 (Fla. 4th DCA 2002); Montgomery v. State, 770 So. 2d 236 (Fla. 4th DCA 2000); and Harris v. State, 737 So. 2d 1159 (Fla. 4th DCA 1999). AFFIRMED in part; REVERSED and REMANDED, in part. TAYLOR, HAZOURI and MAY, JJ., concur.…
Authorities Cited
- Herrington v. State, 643 So. 2d 1078 (Fla. 1994)
- Quarterman v. State, 670 So. 2d 1169 (Fla. 3d DCA 1996)