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STATE v. COLLINS

No. SC05-108.

985 So.2d 985 (2008)

STATE of Florida, Petitioner, v. Ransom Louis COLLINS, Respondent.

Supreme Court of Florida.

June 5, 2008.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, Florida, and Robert J. Krauss, Assistant Attorney General, Bureau Chief, and Ronald Napolitano, Assistant Attorney General, Tampa, FL, for Petitioner.

James Marion Moorman, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, FL, for Respondent.

CANTERO, J.

We must decide whether, when a criminal sentence is reversed on appeal because of insufficient evidence of the defendant's habitual offender status, upon remand for resentencing the State may present new evidence on that issue. We review Collins v. State, 893 So.2d 592 (Fla. 2d DCA 2004), in which the Second District Court of Appeal held that the State could not present new evidence on remand. It certified...

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