Summary
In Sinclair I, this court affirmed appellant's convictions, but reversed and remanded for resentencing, because the state had failed to offer legally sufficient evidence to support the imposition of sentences under the PRR act. The state had relied solely on hearsay evidence regarding appellant's release date from prison, and had failed to prove through a fingerprint expert or otherwise that the prior convictions were appellant's, both of which were essential to the imposition of PRR sentences.
Summary of this case from Sinclair v. StateOpinion
No. 1D00-4683.
April 4, 2002.
An appeal from the Circuit Court for Jackson County. Judge Alien L. Register.
Nancy A. Daniels, Public Defender, and Phil Patterson, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General, and Alan R. Dakan, Assistant Attorney General, Tallahassee, for Appellee.
The convictions are AFFIRMED. The sentences are REVERSED and the case is REMANDED to the trial court for resentencing. On remand, the trial court may again sentence appellant as a prison releasee reoffender if it makes the required findings and the evidence supports those findings. See Boyd v. State, 776 So.2d 317 (Fla. 4th DCA), rev. denied, 792 So.2d 1213 (Fla. 2001); Randall v. State, 613 So.2d 93 (Fla. 1st DCA 1993); King v. State, 590 So.2d 1032 (Fla. 1st DCA 1991).
ERVIN, and LEWIS, JJ., concur.