Hallmon v. State

Albert Hallmon appeals his conviction by a jury for robbery with a firearm and his sentence as a habitual violent felony offender. We affirm Hallmon’s conviction without discussion of the issues raised but remand for re-sentencing.

Hallmon argues and the State concedes that it failed to prove that Hallmon was previously convicted of a qualifying felony or the date of his release from a prior sentence. See § 775.084(l)(b)2.a, Fla. Stat. (1997). Since the State failed to submit the predicate evidence for purposes of habitual violent felony offender sentencing, the sentence must be reversed and…