Brown v. State, 96-4581
| Decision Date | 10 November 1997 |
| Docket Number | No. 96-4581,96-4581 |
| Citation | 701 So.2d 410 |
| Parties | 22 Fla. L. Weekly D2579 Gale Lavern BROWN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Nancy A. Daniels, Public Defender, and Michael A. Wasserman, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General, and Denise O. Simpson, Assistant Attorney General, Tallahassee, for Appellee.
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.
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State v. Collins
...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 inde......
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Walker v. State
...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 remande......
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Collins v. State
...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, secti......
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Walker v. State
...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, secti......