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Brown v. State

District Court of Appeal of Florida, First District
Nov 10, 1997
701 So. 2d 410 (Fla. Dist. Ct. App. 1997)

Summary

ordering resentencing after State did not provide proper fingerprint authentication

Summary of this case from State v. Collins

Opinion

Case No. 96-4581

Opinion filed November 10, 1997.

An appeal from Circuit Court for Duval County. William Wilkes, Judge.

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.

MINER, ALLEN and WEBSTER, JJ., CONCUR.


Summaries of

Brown v. State

District Court of Appeal of Florida, First District
Nov 10, 1997
701 So. 2d 410 (Fla. Dist. Ct. App. 1997)

ordering resentencing after State did not provide proper fingerprint authentication

Summary of this case from State v. Collins

permitting resentencing as a habitual felony offender on remand upon presentation of proper proof that the defendant was the person named in the certified copies of judgments and convictions

Summary of this case from State v. Collins
Case details for

Brown v. State

Case Details

Full title:GALE LAVERN BROWN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Nov 10, 1997

Citations

701 So. 2d 410 (Fla. Dist. Ct. App. 1997)

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