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MITCHELL v. STATE

No. 4D00-279.

780 So.2d 282 (2001)

Samuel MITCHELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 4, 2001.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Michael J. Neimand, Assistant Attorney General, and Zhierlynn Mae Kelly, Certified Legal Intern, Fort Lauderdale, for appellee.

HAZOURI, J.

Samuel Mitchell timely appeals his sentence as a habitual felony offender, imposed following his guilty plea and conviction for strong arm robbery. Mitchell argues that the State failed to prove that he was previously convicted of a qualifying felony for purposes of sentencing as a habitual felony offender, pursuant to section 775.084(1), Florida Statutes (1999). We agree.

Samuel Mitchell was charged by information with committing strong arm robbery...

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