Tianga v. State

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 convictions and that the felony for which the defendant is to be sentenced and one of the two prior felony convictions are not convictions pursuant to section 893.13, Florida…