Brown v. State

District Court of Appeal of Florida

Brown v. State

201 So. 3d 137, 2015 Fla. App. LEXIS 15572

CourtDistrict Court of Appeal of Florida

DecidedOctober 21, 2015

DocketNo. 3D15-807

StatusPublished

This text of 201 So. 3d 137 (Brown v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. State, 201 So. 3d 137, 2015 Fla. App. LEXIS 15572 (Fla. Ct. App. 2015).

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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]*138sufficient claim as to the habitual violent felony offender enhancement of her sentence.¹

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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]*138sufficient claim as to the habitual violent felony offender enhancement of her sentence.¹

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Bluebook (online)

201 So. 3d 137, 2015 Fla. App. LEXIS 15572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-state-fladistctapp-2015.