West v. State

SILBERMAN, Judge.

Dave West appeals his judgment and thirty-year sentence as a prison releasee reoffender (PRR) for robbery with a weapon. We affirm the conviction without discussion but reverse the PRR sentence and remand for resentencing.

We agree with West’s contention that the State failed to meet its burden to prove by a preponderance of the evidence that West qualified as a PRR pursuant to section 775.082(9), Florida Statutes (2006). We reject the State’s contention that by not filing a written objection West waived his objection to the State’s evidence.

At the sentencing hearing, the…