ANTHONY ROBERTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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SHAHOOD, J.
The issue presented in this appeal is whether the trial court erred in sentencing appellant, Anthony Roberts, as a habitual felony offender over defense objection. We hold that the trial court erred in sentencing appellant as a habitual felony offender without the necessary requisite record evidence required under section 775.084(l)(a), Florida Statutes (1999). See Boyd v. State, 776 So. 2d 317 (Fla. 4th DCA 2001)(Lowenthal v. State, 699 So. 2d 319 (Fla. 2d DCA 1997)).
In keeping with Lowenthal, the trial court, on remand, should permit the state to present substantiated proof pursuant to section 775.084, Florida Statutes. Thereafter, if appellant meets the requirements for habitualization under the statute, the trial court can again sentence appellant as a habitual felony offender. See id. REVERSED AND REMANDED FOR RESENTENCING.
GUNTHER and STONE, JJ„ concur.
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State v. Ransom Louis Collins, 985 So. 2d 985 (Fla. 2008)…mand. It certified conflict with several decisions from other districts: Wilson v. State, 830 So. 2d 244 (Fla. 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…
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Ransom Louis Collins v. State, 893 So. 2d 592 (Fla. 2d DCA 2004)…of the First District, the Fourth District, and the Fifth District. See Wilson v. State, 830 So. 2d 244 (Fla. 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, sect…
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Walker v. State, 988 So. 2d 6 (Fla. 2d DCA 2007)…we certify that our decision is in direct conflict with the decisions in Wilson v. State, 830 So. 2d 244 (Fla. 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 now add to this list Rich v. State, 814 So. 2d 1207 (Fla. 4th DCA 2002). Affirmed in part, reversed in part, and r…
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- Boyd v. State, 776 So. 2d 317 (Fla. 4th DCA 2001)
- Calvin's Heavy Equip., Inc. v. Kirkland, 699 So. 2d 319 (Fla. 1st DCA 1997)