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ALCANTARA v. STATE

No. 5D09-1091.

39 So.3d 535 (2010)

Manuel Domingo ALCANTARA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 16, 2010.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Peter A. Ames, Sr., Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.

EVANDER, J.

Alcantara appeals from an order revoking his probation and sentencing him as a "violent felony offender of special concern who poses a danger to the community." Alcantara contested the State's reliance on an alleged 1992 conviction in Rhode Island for breaking and entering as the "qualifying offense" under section 948.06(8)(c), Florida Statutes (2008). Because the trial court improperly relied on Alcantara's scoresheet or "rap sheet" as sufficient proof...

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