Alvarez v. State

The Petitioner, Juan Alvarez (“Alvarez”), seeks a belated petition pursuant to Florida Rule of Appellate Procedure 9.141(c). Because the petition requires a determination of a disputed fact, we appoint a commissioner to hold an eviden-tiary hearing and determine the limited, disputed issue of fact that remains. The petition shall be held in abeyance for a period of sixty (60) day from the date of this order.

On February 1, 2017, the State filed a Notice of State’s Intention to Seek Enhanced Penalty Pursuant to F.S. 775.084, stating that Alvarez qualified for an enhanced penalty as a habitual…