FIGURA v. STATE

No. 2D07-4364.

995 So.2d 1007 (2008)

Jeffrey FIGURA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 18, 2008.


Attorney(s) appearing for the Case

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

Bill McCollum, Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.


WHATLEY, Judge.

Jeffrey Figura appeals his judgment of felony petit theft. He raises three issues, but we find merit in only one and we reverse and remand for resentencing.

Figura argues that in finding that he had the requisite two prior petit thefts, the trial court erred in considering a 1999 theft conviction because the only documents the State produced to prove that conviction was his were the information charging the offense, the affidavit of insolvency...

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