Capers v. State

This is an appeal from a sentence containing a determination that appellant, John William Capers, is an habitual, violent felony offender. At the sentencing hearing appellant questioned the date of an earlier conviction which was the predicate for a finding of habitual offender. When a defendant attacks the truth of the statements relied upon to impose habitual offender status, the state is required to produce corroborating evidence. Lewis v. State, 514 So.2d 389 (Fla. 4th DCA), dismissed, 518 So.2d 1276 (Fla.1987). No such corroborating evidence appears in the record in this case.

Appellant…