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805 So. 2d 60

Hallmon v. State

District Court of Appeal of Florida

Decided January 2, 2002

District Court of Appeal of Florida · decided 2002-01-02

Cited by 1 later decisions — most recently June 2004

1 state decisions

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

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Decided 2002-01-02

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PER CURIAM.

¶1Albert Hallmon appeals his conviction by a jury for robbery with a firearm and his sentence as a habitual violent felony offender. We affirm Hallmon’s conviction without discussion of the issues raised but remand for re-sentencing.

¶2Hallmon argues and the State concedes that it failed to prove that Hallmon was previously convicted of a qualifying felony or the date of his release from a prior sentence. See § 775.084(l)(b)2.a, Fla. Stat. (1997). Since the State failed to submit the predicate evidence for purposes of habitual violent felony offender sentencing, the sentence must be reversed and the case remanded for re-sentencing.

¶3Because Hallmon’s counsel did not object to the trial court’s habitualization of Hallmon, on remand the State should be permitted to present evidence of the predicate conviction. See Boyd v. State, 776 So.2d 317, 319 (Fla. 4th DCA 2001).

¶4Because Hallmon must be re-sentenced, we do not address the issue raised by him concerning the length of his sentence and the decisions in State v. Warner, 762 So.2d 507 (Fla.2000), and Byrd v. State, 770 So.2d 311 (Fla. 5th DCA 2000).

¶5AFFIRMED in part; REMANDED for re-sentencing.

STONE, GROSS and HAZOURI, JJ, concur.
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