Sanders v. State, 2D99-2997.
| Decision Date | 30 June 2000 |
| Docket Number | No. 2D99-2997.,2D99-2997. |
| Citation | 765 So.2d 161 |
| Parties | Victor L. SANDERS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee.
Victor L. Sanders appeals the judgment and sentence imposed after a jury found him guilty of lewd and lascivious conduct in the presence of a child. We affirm Sanders' conviction without discussion. However, we reverse Sanders' sentence and remand for resentencing because the trial court sentenced him as a habitual felony offender without the necessary proof.
Before the trial court may impose a habitual felony offender sentence, it must find, based on record evidence, that the defendant has been previously convicted of any combination of two or more felonies and that the current felony occurred either (a) while the defendant was serving a prison sentence or lawfully imposed supervision as a result of a prior felony conviction; or (b) within five years from the date of conviction for the defendant's last prior felony or within five years from the date of the defendant's release from prison or supervision for a prior felony offense. See § 775.084(1)(a), Fla. Stat. (1999). Thus, the State must provide record evidence of the date of the current felony offense, the date of the conviction for the last prior felony, and the date the defendant was released from any prison term or supervision imposed for the last felony conviction. See Lowenthal v. State, 699 So.2d 319, 320 (Fla. 2d DCA 1997).
In this case, the State offered into evidence certified copies of a 1987 felony conviction for battery on a law enforcement officer and a 1991 conviction for lewd and lascivious act in the presence of a child. The current offense, which took place on January 14, 1999, did not occur within five years of the date of either of these prior felony convictions. The State presented no evidence as to when Sanders was released from prison or other supervision for either of these offenses. Therefore, these convictions, standing alone, are not sufficient to qualify Sanders for habitual felony offender sentencing.
There are some references in the transcript of the sentencing hearing to a 1997 conviction for burglary of a structure. There are also some references to...
To continue reading
Request your trial
-
State v. Collins
...(Fla. 5th DCA 2001) (resentencing ordered after State failed to present copies of defendant's judgments and sentences); Sanders v. State, 765 So.2d 161 (Fla. 2d DCA 2000) (resentencing ordered where State presented no evidence as to date defendant was released from prison for prior offenses......
-
Brown v. State
...is reversible error to classify and sentence a defendant as an HFO without substantiated proof of eligibility. See Sanders v. State, 765 So.2d 161, 162 (Fla. 2d DCA 2000). It is well-established that a trial court errs in classifying a defendant as an HFO if the State fails to furnish subst......
-
Lloyd v. State, 2D02-1774.
...evidence and the trial court will again be allowed to impose a habitual offender sentence if properly supported. See Sanders v. State, 765 So.2d 161 (Fla. 2d DCA 2000). Reversed and remanded for further KELLY, J., Concurs. ALTENBERND, C.J., Concurs specially with an opinion in which KELLY, ......
-
Osborne v. State
...release from prison or supervision for a prior felony offense. See § 775.084(1)(a)2.a., Fla. Stat. (1999); see also Sanders v. State, 765 So.2d 161 (Fla. 2d DCA 2000). Thus, the state must provide record evidence of the date of the current felony offense, the date of the conviction for the ......