Hearns v. State

SCHWARTZ, Senior Judge.

Hearns again appeals from a judgment resentencing him to life imprisonment as a habitual violent felony offender [HVFO], which was entered after the last remand of the case to the trial court in Hearns v. State, 54 So.3d 500 (Fla. 3d DCA 2010). We find the present judgment to be unacceptably contrary to several of our prior opinions and mandates in Hearns’s case and therefore vacate the judgment under review with specific directions.

It is unnecessary to detail the depressing story of the lower court’s and the state’s failure to follow our, and the supreme court’s,…