Opinion

Brown v. State

  • 201 So. 3d 137
  • 2015 Fla. App. LEXIS 15572
Court
District Court of Appeal of Florida
Filed
Oct 21, 2015
Status
Published
Author
Lagoa
On the bench
Lagoa, Logue, Suarez
Cited by
0 cases

The opinion

LAGOA, J.

Gloria Brown (“Brown”) appeals from the trial court’s denial of her Florida Rule of Criminal Procedure 3.800(a) motion. We affirm the trial court’s order. However, as the State properly concedes, a review of the sentencing hearing transcript shows that no record evidence exists for the predicate felony because defense counsel stipulated to the habitual offender enhancement. A review of the record also shows that defense counsel stipulated that Brown qualified as a habitual felony offender, not as a habitual violent felony offender. Accordingly, we affirm the trial court’s order without prejudice to Brown filing a Florida Rule of Criminal Procedure 3.800(a) motion presenting a legally *138 sufficient claim as to the habitual violent felony offender enhancement of her sentence. 1

. We express no opinion as to the merits of the motion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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