Williams v. State, 692 So. 2d 292

PER CURIAM.

We affirm the judgment of conviction. See Austin v. State, 679 So.2d 1197 (Fla. 3d DCA 1996), review denied, 689 So.2d 1068 (Fla. 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, 691 So.2d 17 (Fla. 3d DCA 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, 691 So.2d 17; Louis, 647 So.2d at 326.

Conviction affirmed; sentence reversed; and cause remanded.

Case Details

Case Name: Williams v. State

Court Name: District Court of Appeal of Florida

Date Published: Apr 30, 1997

Citations: 692 So. 2d 292; 1997 WL 209542; 96-2669

Docket Number: 96-2669

Court Abbreviation: Fla. Dist. Ct. App.