Clark v. State
Clark v. State
Opinion of the Court
Appellant raises two issues related to his conviction and one issue regarding his sentencing. We find only the claim related to appellant’s sentencing has merit. The State concedes the trial court improperly designated appellant as an habitual felony offender, ignoring the jury’s express finding that the State had failed to prove appellant’s prior convictions.
Based upon the State’s concession, we strike the habitual felony offender designation and remand for appellant to be resen-tenced.
. This finding was expressed in a special verdict form related to whether appellant violated section 794.0115, Florida Statutes (2013).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.