Demetrius Dallas v. State of Florida

In this Anders 1 appeal, the state concedes that the trial court should not have relied upon both a prior felony conviction and a violation of probation of that same conviction as the two qualifying convictions necessary to support habitual felony offender (“HFO”) enhancement of the appellant’s instant sentence. 2 It further agrees that the appellant must be resentenced.

We therefore reverse and remand for the appellant to be resentenced. See State v. Collins, 985 So.2d 985 (Fla. 2008) (explaining that allowing the state a second opportunity to prove qualification for HFO enhancement does not…