Wilson v. State, 830 So. 2d 244 (Fla. 4th DCA 2002). · Go Syfert
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Wilson v. State, 830 So. 2d 244 (Fla. 4th DCA 2002). Cases Citing This Book View Copy Cite
8 citation events (8 in the last 25 years) across 2 distinct courts.
Strongest positive: State v. Collins (fla, 2008-06-05)
Top citers, strongest first. 3 distinct citers.
discussed Cited "see" State v. Collins
Fla. · 2008 · signal: see · confidence high
Id. at 594; see Wilson, 830 So.2d at 245 (permitting resentencing as a habitual felony offender on remand if the State can establish the required predicate convictions and the identity of the defendant as the person named in the judgments of conviction); Cameron, 807 So.2d at 747-48 (permitting resentencing as a habitual felony offender if the State introduces sufficient evidence to establish the defendant's release date within the five-year window); Morss, 795 So.2d at 263 (permitting resentencing as a habitual felony offender on remand following a reversal for failure to present copies of th…
discussed Cited "see" Walker v. State
Fla. Dist. Ct. App. · 2007 · signal: see · confidence high
See Wilson v. State, 830 So.2d 244 (Fla. 4th DCA 2002); Cameron v. State, 807 So.2d 746 (Fla. 4th DCA 2002); Morss v. State, 795 So.2d 262 (Fla. 5th DCA 2001); Roberts v. State, 776 So.2d 1034 (Fla. 4th DCA 2001); Rhodes v. State, 704 So.2d 1080 (Fla. 1st DCA 1997); Brown v. State, 701 So.2d 410 (Fla. 1st DCA 1997).
discussed Cited "see" Collins v. State
Fla. Dist. Ct. App. · 2004 · signal: see · confidence high
See Wilson v. State, 830 So.2d 244 (Fla. 4th DCA 2002); Cameron v. State, 807 So.2d 746 (Fla. 4th DCA 2002); Morss v. State, 795 So.2d 262 (Fla. 5th DCA 2001); Roberts v. State, 776 So.2d 1034 (Fla. 4th DCA 2001); Rhodes v. State, 704 So.2d 1080 (Fla. 1st DCA 1997); Brown v. State, 701 So.2d 410 (Fla. 1st DCA 1997).
Levon WILSON, Appellant,
v.
STATE of Florida, Appellee.
4D01-1832.
District Court of Appeal of Florida, Fourth District.
Nov 13, 2002.
830 So. 2d 244
Stone.
Cited by 5 opinions  |  Published

Carey Haughwout, Public Defender, and James W. McIntire, Assistant Public Defender, West Palm Beach, for appellant.

Richard E. Doran, Attorney General, Tallahassee, and Donna L. Eng, Assistant Attorney General, West Palm Beach, for appellee.

STONE, J.

We reverse Wilson's sentence as a habitual felony offender and remand for re-sentencing. In all other respects, Wilson's conviction for delivery of cocaine within one thousand feet of a school is affirmed.

The state concedes that the case should be remanded for re-sentencing because of its failure to provide sufficient evidence of Wilson's prior convictions to support its claim that he qualified for habitual felony offender status. This evidence became necessary when defense counsel announced that Wilson was exercising his right to dispute the alleged convictions. In an attempt to prove that Wilson actually was convicted previously, the state presented two certified copies of previous convictions[*245] and informed the court that the fingerprint analysis had positively identified the fingerprints as Wilson's. However, no witnesses were called to authenticate the fingerprints and defense counsel objected based on an improper foundation.

When the defendant challenges the accuracy of his prior record, both on hearsay grounds and accuracy of the information, the state is required to provide corroborating evidence establishing both the historical fact of the predicate convictions and the identity of the appellant as the person named in those judgments of conviction. Moment v. State, 773 So.2d 577 (Fla. 4th DCA 2000); Brown v. State, 701 So.2d 410 (Fla. 1st DCA 1997). Therefore, the state's failure to provide authenticated fingerprint analysis to prove that the person named in the certified convictions was Wilson is reversible error.

Upon re-sentencing, Wilson may again be sentenced as a habitual felony offender if the state can establish both the historical fact of the predicate convictions and the identity of the appellant as the person named in those judgments of conviction. See Brown, 701 So.2d at 410.

HAZOURI and MAY, JJ., concur.