BOYD v. STATE

No. 4D00-565.

776 So.2d 317 (2001)

Victor BOYD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 7, 2001.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Susan D. Cline, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.


SHAHOOD, J.

The issue presented in this case is whether the trial court erred in sentencing appellant, Victor Boyd, as a habitual felony offender over defense objection to appellee's failure to prove the date of appellant's release from prison. We agree with appellant in this case and reverse and remand for resentencing.

Prior to trial, the state filed a notice of its intent to declare appellant a habitual felony offender, habitual violent felony offender...

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