State v. Fortson

The State appeals the sentence imposed upon Jarvis Fortson upon his conviction of attempted first degree murder.1 We reverse and remand for resentencing.

After conviction, sentencing was scheduled and a presentence investigation report was ordered. On the day of the sentencing hearing, the State filed a notice titled Notice of Intent to Seek Prisoner Releasee Reoffender Punishment Act. This notice asserted that the State would seek the enhanced maximum penalty pursuant to section 775.082(9), Florida Statutes, and alleged that Fortson had previously been released “from a state correctional…