# Brown v. State

> District Court of Appeal of Florida · October 21, 2015 · 201 So. 3d 137

URL: https://www.frixlaw.com/law-library/cases/4829321

## Case

- **Full name:** Gloria Yvene BROWN v. The STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** October 21, 2015
- **Citations:** 201 So. 3d 137; 2015 Fla. App. LEXIS 15572
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Lagoa
- **Judges:** Lagoa, Logue, Suarez
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4829321

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4829321. Public record. Not legal advice.