STATE v. BAKER

No. 2D03-1797.

874 So.2d 643 (2004)

STATE of Florida, Appellant, v. Malcolm BAKER, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 3, 2004.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellee.


NORTHCUTT, Judge.

Pursuant to a deal reached with the circuit court, Malcolm Baker received a habitual offender sentence of sixty-four months in prison after pleading guilty to two counts of aggravated battery and one count of third-degree grand theft. The State appeals, arguing that the court erred in refusing to consider whether Baker qualified for sentencing as a prison releasee reoffender. We agree and reverse.

During an unrecorded bench conference, the...

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