Joppy v. State

Full title: Calvin Brian JOPPY, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, First District.

Date published: Apr 24, 2013

162 So. 3d 1 (Fla. Dist. Ct. App. 2013)

Opinion

No. 1D12–0161.

04-24-2013

Calvin Brian JOPPY, Appellant, v. STATE of Florida, Appellee.

Nancy A. Daniels, Public Defender, and M. Gene Stephens, Assistant Public Defender, Tallahassee, for Appellant; Calvin Brian Joppy, pro se, Appellant. Pamela Jo Bondi, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Nancy A. Daniels, Public Defender, and M. Gene Stephens, Assistant Public Defender, Tallahassee, for Appellant; Calvin Brian Joppy, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.

Opinion

PER CURIAM.

Calvin B. Joppy appeals his sentence as a habitual violent felony offender. Because the state did not present sufficient proof of a qualifying prior conviction or release, we reverse the habitual violent felony offender sentence. On remand, the state may again seek a habitual violent felony offender sentence as long as all the requirements of section 775.084, Florida Statutes, are met. State v. Collins, 985 So.2d 985, 994 (Fla.2008).

Accordingly, we REVERSE and REMAND for proceedings consistent with this opinion.

ROBERTS, WETHERELL, and ROWE, JJ., concur.