Hughes v. State
139 So. 3d 477
Fla. Dist. Ct. App.2014Background
- Hughes appeals his conviction and sentence for possession of cocaine.
- The appeal began under Anders v. California, leading to supplemental briefing on corroboration of contested priors at sentencing.
- Court affirms conviction but reverses for resentencing due to insufficient corroboration of two contested priors.
- Hughes disputed three priors: conspiracy to deliver cocaine (92-11229), trafficking in cocaine (97CF392), shooting/throwing a deadly missile into a vehicle (86CF4584).
- State produced a certified copy for conspiracy; other priors relied on Department of Corrections website data and unspecified court records; record did not establish exactly what the court reviewed; clerk’s accessed records not clearly identified.
- Trial court sentenced Hughes to the lowest permissible term based on the contested, now uncorroborated, scoresheet.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the contested priors were properly corroborated. | Hughes argues the two priors lack competent corroboration. | State contends the evidence presented did not meet the corroboration standard. | Two contested priors were not properly corroborated; remand required. |
| Remedy for the scoresheet error. | The error undermines sentence and requires resentencing. | State may present corroborating evidence on remand. | Convictions affirmed; sentence reversed and remanded for resentencing. |
Key Cases Cited
- Smith v. State, 714 So.2d 1152 (Fla. 2d DCA 1998) (burden to corroborate after dispute; hearsay not allowed)
- DeGeso v. State, 771 So.2d 1264 (Fla. 2d DCA 2000) (State must produce competent evidence of disputed conviction)
- Watson v. State, 591 So.2d 951 (Fla. 2d DCA 1991) (support for corroboration burden)
- Yankovski v. State, 785 So.2d 1283 (Fla. 5th DCA 2001) (department records insufficient unless witness available)
- Moore v. State, 944 So.2d 1063 (Fla. 4th DCA 2006) (original court records may supplement certified copies)
- Fortner v. State, 830 So.2d 174 (Fla. 2d DCA 2002) (scoresheet error not harmless unless record shows same sentence with corrected scoresheet)
- Jones v. State, 28 So.3d 981 (Fla. 2d DCA 2010) (certified copy required to corroborate conviction)