Bell v. State

GRIFFIN, Judge.

At appellant’s resentencing hearing, he asserted that a 1980 felony conviction shown on the P.S.I. was incorrect because adjudication had been withheld. Without this conviction, appellant could not be sentenced as an habitual offender. The trial court erred in ruling that the defendant had the burden of proving the P.S.I. entry showing a felony conviction in 1980 was incorrect. If a defendant disputes the truth of specific material in the P.S.I. the state must present competent proof of the disputed matter. Eutsey v. State, 383 So.2d 219 (Fla.1980). Appellant’s October 5, 1989…