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TIANGA v. STATE

No. 2D13-1496.

146 So.3d 1235 (2014)

Victor TIANGA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 5, 2014.

Attorney(s) appearing for the Case

Howard L. Dimmig, II , Public Defender, and Megan Olson , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Jessica Stephans , Assistant Attorney General, Tampa, for Appellee.

MORRIS, Judge.

Victor Omar Tianga appeals the imposition of his habitual felony offender (HFO) sentence for aggravated assault. The State properly concedes error, and we reverse and remand for resentencing.

The State has the burden of proving that a defendant qualifies as an HFO. Edison v. State, 848 So.2d 498, 499 (Fla. 2d DCA 2003). Among other elements, the State must prove that the defendant has at least two prior...

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