Opinion
No. 2D00-4020
Opinion filed August 8, 2001.
Appeal from the Circuit Court for Polk County; Dennis P. Maloney, Judge.
James Marion Moorman, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.
Appellant, Annette Duvalt, challenges her sentence for burglary and robbery imposed after the trial court granted her motion to correct illegal sentence based on Heggs v. State, 759 So.2d 620 (Fla. 2000). We agree with appellant's contention that the trial court erred in failing to allow her the opportunity to challenge a prior conviction included on her sentencing score sheet. Once the trial court determined that resentencing was appropriate, appellant was entitled to a de novo sentencing hearing and could challenge a prior conviction even though the conviction had not been previously challenged. See Baldwin v. State, 700 So.2d 95 (Fla. 2d DCA 1997); St. Lawrence v. State, 785 So.2d 728 (Fla. 5th DCA 2001). Accordingly, we remand this case for resentencing. At resentencing, if the State is unable to corroborate appellant's challenged prior conviction, she should be resentenced under a new score sheet.
Reversed and remanded for resentencing.
NORTHCUTT, A.C.J., and CASANUEVA, J., Concur.