Florida District Courts of Appeal, 2015

Brown v. State

Brown v. State
Florida District Courts of Appeal · Decided October 21, 2015 · Lagoa, Logue, Suarez
201 So. 3d 137; 2015 Fla. App. LEXIS 15572 (Southern Reporter, Third Series)

Brown v. State

Opinion of the Court

LAGOA, J.

Gloria Brown (“Brown”) appeals from the trial court’s denial of her Florida Rule of Criminal Procedure 3.800(a) motion. We affirm the trial court’s order. However, as the State properly concedes, a review of the sentencing hearing transcript shows that no record evidence exists for the predicate felony because defense counsel stipulated to the habitual offender enhancement. A review of the record also shows that defense counsel stipulated that Brown qualified as a habitual felony offender, not as a habitual violent felony offender. Accordingly, we affirm the trial court’s order without prejudice to Brown filing a Florida Rule of Criminal Procedure 3.800(a) motion presenting a legally *138sufficient claim as to the habitual violent felony offender enhancement of her sentence.1

. We express no opinion as to the merits of the motion.

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