Summary
resentencing ordered where State failed to submit sufficient proof that defendant was the person who committed prior offense
Summary of this case from State v. CollinsOpinion
Case No. 96-2669
Opinion filed April 30, 1997.
An Appeal from the Circuit Court for Dade County, Michael B. Chavies and Thomas M. Carney, Judges.
Bennett H. Brummer, Public Defender, and John M. Selden, Special Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.
Before LEVY, GREEN and SHEVIN, JJ.
We affirm the judgment of conviction. See Austin v. State, 679 So.2d 1197 (Fla. 3d DCA 1996), review denied, No. 89,382 (Fla. Feb. 13, 1997). However, we reverse defendant's sentence. The court erred in imposing a habitual offender sentence where, as here, the state failed to present sufficient proof that defendant was the person who committed the Georgia offense, which the state submitted as a predicate felony. See Olsen v. State, 22 Fla. L. Weekly D792 (Fla. 3d DCA March 26, 1997)(en banc); Louis v. State, 647 So.2d 324 (Fla. 2d DCA 1994). Accordingly, defendant must be resentenced. At resentencing, the court may reimpose a habitual offender sentence once the state establishes the requisite predicate offenses. Olsen, 22 Fla. L. Weekly at D792; Louis, 647 So.2d at 326.
Conviction affirmed; sentence reversed; and cause remanded.