Harris v. State

OTT, Judge.

Two issues were presented. First, whether the state’s oral motion to strike a material fact allegation in the defendant/appellant’s motion to dismiss was a proper traverse under Fla.R.Crim.P. 3.190(d); second, whether the court properly relied upon certain evidence to establish a prior conviction of appellant for purposes of sentencing the appellant as a second offender pursuant to Section 812.021(3), Florida Statutes. In view of our disposition hereof, we need not answer the first question. We answer the second question in the negative and reverse.

The appellant was charged by…