Summary
ordering resentencing after State did not provide proper fingerprint authentication
Summary of this case from State v. CollinsOpinion
Case No. 96-4581
Opinion filed November 10, 1997.
An appeal from Circuit Court for Duval County. William Wilkes, Judge.
Nancy A. Daniels, Public Defender, and Michael A. Wasserman, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General, and Denise O. Simpson, Assistant Attorney General, Tallahassee, for Appellee.
In this direct criminal appeal, the appellant challenges a habitual felony offender sentence. Although the state offered certified copies of judgments of conviction for two qualifying felonies, upon proper objection the state failed to prove that the person named in the certified copies was the appellant. See Louis v. State, 647 So.2d 324 (Fla. 2d DCA 1994); see also Killingsworth v. State, 584 So.2d 647 (Fla. 1st DCA 1991). We accordingly vacate the habitual felony offender sentence and remand for resentencing. Upon resentencing, the appellant may again be sentenced as a habitual felony offender if the state can establish both the historical fact of the predicate convictions and the identity of the appellant as the person named in those judgments of conviction.
MINER, ALLEN and WEBSTER, JJ., CONCUR.