ANGEL RIVERA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE.N
Explore caselaw by topic → Browse Hearsay Objection cases and more on FLexlaw
On Motion for Rehearing or Certification of Conflict
PER CURIAM.
We deny appellant’s, Angel Rivera, motion for rehearing and grant his motion for certification of conflict. We withdraw our previous opinion and substitute the following in its place.
Appellant, Angel Rivera, was found guilty of strong arm robbery and sentenced to thirty years in prison as a habitual felony offender. On appeal, Rivera argues that the trial court erred by denying his hearsay objection to the introduction of a letter from the Florida Department of Corrections reflecting his most recent release date from prison. The State offered the letter at sentencing in order to establish Rivera’s status as a habitual felony offender. We affirm as to this issue based on this court’s recent en banc opinion in Yisrael v. State, 938 So. 2d 546 (Fla. 4th DCA 2006). As in Yisrael, we also certify conflict with Gray v. State, 910 So. 2d 867 (Fla. 1st DCA 2005).
Affirmed.
GUNTHER, HAZOURI and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Newby v. State, 945 So. 2d 636 (Fla. 4th DCA 2006)…ng on a certified letter from the Department of Corrections to establish his release date under the PRR statute. See Yisrael v. State, 938 So. 2d 546 (Fla. 4th DCA 2006); see also Corker v. State, 937 So. 2d 757 (Fla. 4th DCA 2006); Rivera v. State, 939 So. 2d 1197 (Fla. 4th DCA 2006). As we did in the above-cited cases, we certify conflict with Gray v. State, 910 So. 2d 867 (Fla. 1st DCA 2005). We also reject appellant’s argument that the PRR statute is unconstitutional under Apprendi v. New Jersey, 530 U.S…
-
Rivera v. State, 7 So. 3d 523 (Fla. 2009)…PER CURIAM. We have for review Rivera v. State, 939 So. 2d 1197 (Fla. 4th DCA 2006), in which the Fourth District Court of Appeal relied upon its decision in Yisrael v. State, 938 So. 2d 546 (Fla. 4th DCA 2006) (en banc), disapproved in part, 993 So. 2d 952 (Fla. 2008), and certified conflict with the First Dist…
-
Rivera v. State, 7 So. 3d 658 (Fla. 4th DCA 2009)…PER CURIAM. We reconsider on remand our opinion in Rivera v. State, 939 So. 2d 1197 (Fla. 4th DCA 2006), which was quashed by the Florida Supreme Court following its decision in Rivera v. State, 7 So. 3d 523, 2009 WL 702826 (Fla. Mar. 27, 2009). As ordered by the Supreme Court, we apply its decision in Yisrael v. State, 993 So. 2d…
Authorities Cited
- Mitchell v. State, 938 So. 2d 546 (Fla. 4th DCA 2006)
- Gray v. State, 910 So. 2d 867 (Fla. 1st DCA 2005)