Legal Opinion

Brooks v. State

District Court of Appeal of Florida

Decided June 21, 2010No. 1D08-4857PublishedCited by 1 opinion

1Per curiam

The appellant, Eric Brooks, appeals his judgment and sentence. He makes several arguments on appeal, only one of which merits discussion. He argues that, on re-sentencing, the State failed to present sufficient evidence of his prior convictions to prove that he qualified as a habitual felony offender. We agree and reverse and remand for resentencing. We otherwise affirm the appellant’s conviction.

The appellant was initially convicted of felony battery and sentenced as a habitual violent felony offender. Thereafter, he filed two motions pursuant to Florida Criminal Procedure Rule 3.800(b),…

2Cases cited2 opinions

  1. Rich v. StateDistrict Court of Appeal of Florida · 2002
  2. Brooks v. StateDistrict Court of Appeal of Florida · 2003

3Cited by1 opinion

  1. Williams v. StateDistrict Court of Appeal of Florida · 2012

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