ROBERTS v. STATE

No. 4D09-816.

67 So.3d 430 (2011)

Donald James ROBERTS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 10, 2011.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Emily Ross-Booker , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Katherine Y. McIntire , Assistant Attorney General, West Palm Beach, for appellee.


TAYLOR, J.

Defendant Donald James Roberts appeals his sentence as a habitual felony offender. We reverse and remand for resentencing because the trial court erred in sentencing defendant as a habitual offender after revoking his probation. See State v. Akins, ___ So.3d ___, 2011 WL 2061070 (Fla.2011).

In 1996, defendant was originally sentenced to three years in prison as a habitual offender (HFO), followed by five years of probation as a habitual offender...

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