Opinion
No. 5D01-3074.
May 31, 2002.
Appeal from the Circuit Court for Sumter County, Hale R. Stancil, Judge.
James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.
Burgos was convicted of lewd and lascivious molestation of a child under twelve. Because the State failed to offer proof of Burgos' age (thirty years old), the court entered a conviction as one for a person under eighteen. This was a second degree felony. The court then sentenced defendant as an habitual violent felony offender to thirty years in prison based on his prior Illinois conviction for "armed violence." Appellant argues, the State concedes and we agree that the Illinois conviction is not analogous to a Florida qualifying offense under the Habitual Violent Felony Offender Act, and the sentence is reversed with instructions to resentence Burgos to any lawful sentence.
This offense provides: "A person commits armed violence when, while armed with a dangerous weapon, he commits any felony defined by Illinois law."
REVERSED and REMANDED.
PETERSON and PLEUS, JJ., concur.