Florida District Courts of Appeal, 2013

Joppy v. State

Joppy v. State
Florida District Courts of Appeal · Decided April 24, 2013 · Roberts, Rowe, Wetherell
162 So. 3d 1; 2013 WL 1749509; 2013 Fla. App. LEXIS 6577 (Southern Reporter, Third Series)

Joppy v. State

Opinion of the Court

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.

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