ERIC BROOKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Eric Brooks appealed his felony battery conviction and habitual felony offender sentence. The court affirmed his conviction but reversed his sentencing, finding that the State failed to present sufficient evidence at resentencing to prove he qualified as a habitual felony offender, as it merely relied on documents from a prior sentencing hearing rather than introducing new evidence.
The court held that on resentencing following reversal, the State is required to introduce evidence to prove the defendant qualified for an enhanced sentence and cannot merely rely upon evidence introduced at a prior sentencing hearing. Therefore, the habitual felony offender sentence was reversed and remanded for resentencing.
[1] A resentencing hearing requires the State to present sufficient evidence to prove a defendant qualifies for an enhanced sentence.
[2] A court cannot rely solely on evidence introduced at a prior sentencing hearing to establish a defendant's qualification for an enhanced sentence upon resentencing.
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Join FLexlaw to unlock all legal intelligence“on resentencing following reversal, the State was required to introduce evidence to prove the defendant qualified for an enhanced sentence and could not only rely upon evidence introduced at a prior sentencing hearing”
Establishes the legal standard that the State must affirmatively present evidence at resentencing rather than merely relying on prior evidence
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Join FLexlaw to unlock all legal intelligenceBrooks was initially convicted of felony battery and sentenced as a habitual violent felony offender. He filed a third motion under Florida Criminal P…
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The appellant, Eric Brooks, appeals his judgment and sentence. He makes several arguments on appeal, only one of which merits discussion. He argues that, on re-sentencing, the State failed to present sufficient evidence of his prior convictions to prove that he qualified as a habitual felony offender. We agree and reverse and remand for resentencing. We otherwise affirm the appellant’s conviction.
The appellant was initially convicted of felony battery and sentenced as a habitual violent felony offender. Thereafter, he filed two motions pursuant to Florida Criminal Procedure Rule 3.800(b), which the trial court dismissed and denied respectively. He then filed a third rule 3.800(b) motion alleging that the State relied on an invalid sentence to prove he qualified as a habitual violent felony offender. Specifically, he argued the State offered evidence of an invalid sentence that was vacated by this Court in Brooks v. State, 846 So.2d 1244 (Fla. 1st DCA 2003).
The State conceded error as to the invalid judgment and sentence, agreed that the appellant no longer qualified as a habitual violent felony offender, and sought to have the appellant resentenced as a habitual felony offender. At the resen-tencing hearing, the State relied on documents entered into evidence at the previous sentencing hearing to prove the appellant qualified as a habitual felony offender. Over defense counsel’s objection, the trial court reviewed the transcript of the previous sentencing hearing and relied on the previously introduced evidence to declare the appellant a habitual felony offender. The appellant was again convicted of felony battery and sentenced as a habitual felony offender.
On appeal, the appellant argues that it was error for the State to rely on the evidence introduced at the sentencing hearing to prove that he qualified as a habitual felony offender on resentencing. The State concedes error and asks this Court to remand for resentencing. See Rich v. State, 814 So.2d 1207 (Fla. 4th DCA 2002) (holding that, on resentencing following reversal, the State was required to introduce evidence to prove the defendant qualified for an enhanced sentence and could not only rely upon evidence introduced at a prior sentencing hearing). Accordingly, we reverse the appellant’s habitual felony offender sentence and remand for resentencing.
AFFIRMED in part, REVERSED in part, REMANDED for resentencing.
WEBSTER, LEWIS, and ROBERTS, JJ., concur.
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Citator
Cited By
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Williams v. State, 87 So. 3d 826 (Fla. 2d DCA 2012)…abitual offender status. See Sanders v. State, 765 So. 2d 161, 162 (Fla. 2d DCA 2000) (reversing habitual offender sentence and noting that the State did not move into evidence information about convictions from another court file); Brooks v. State, 38 So. 3d 826, 827 (Fla. 1st DCA 2010) (noting error in allowing the State to rely on documents introduced in another sentencing hearing to prove defendant’s habitual offender status). Accordingly, we reverse Williams’s sentence and remand for resentencing. The S…
Authorities Cited
- Rich v. State, 814 So. 2d 1207 (Fla. 4th DCA 2002)
- Williams v. State, 846 So. 2d 1244 (Fla. 1st DCA 2003)