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776 So. 2d 1034

Docket No. 4D00-1186.

Roberts v. State

Anthony ROBERTS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 31, 2001.

District Court of Appeal of Florida · decided 2001-01-31

Cited by 5 later decisions — most recently June 2008

5 state decisions

Relies on 776 So. 2d 317 - Boyd v. State · Lowenthal v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2001-01-31

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¶1Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Bart Schneider, Assistant Attorney General, West Palm Beach, for appellee.

¶3SHAHOOD, J.

¶4The issue presented in this appeal is whether the trial court erred in sentencing appellant, Anthony Roberts, as a habitual felony offender over defense objection. We hold that the trial court erred in sentencing appellant as a habitual felony offender without the necessary requisite record evidence required under section 775.084(1)(a), Florida Statutes (1999). See Boyd v. State,776 So.2d 317 (Fla. 4th DCA 2001)(Lowenthal v. State,699 So.2d 319 (Fla. 2d DCA 1997)).

¶5In keeping with Lowenthal, the trial court, on remand, should permit the state to present substantiated proof pursuant to section 775.084, Florida Statutes. Thereafter, if appellant meets the requirements for habitualization under the statute, the trial court can again sentence appellant as a habitual felony offender. See id.

¶6*1035 REVERSED AND REMANDED FOR RESENTENCING.

¶7GUNTHER and STONE, JJ., concur.

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