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LOUIS v. STATE

No. 93-03037.

647 So.2d 324 (1994)

Kevin Scott LOUIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 21, 1994.

Attorney(s) appearing for the Case

Paul D. Sullivan, Punta Gorda, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Patricia E. Davenport, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Kevin Scott Louis attacks his sentence as a habitual violent felony offender. He asserts that the state failed to prove he was the person convicted of the predicate felonies used to support the sentencing. We agree, and accordingly reverse his sentence and remand for resentencing.

The state must establish by affirmative evidence the identity of the accused as the person previously convicted of the predicate crimes. See Ruth v. State,

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