Burgos v. State

District Court of Appeal of Florida

Burgos v. State

816 So. 2d 1252, 2002 Fla. App. LEXIS 7641, 2002 WL 1071945

CourtDistrict Court of Appeal of Florida

DecidedMay 31, 2002

DocketNo. 5D01-3074

StatusPublished

This text of 816 So. 2d 1252 (Burgos 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

Burgos v. State, 816 So. 2d 1252, 2002 Fla. App. LEXIS 7641, 2002 WL 1071945 (Fla. Ct. App. 2002).

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Opinion

HARRIS, J.

Burgos was convicted of lewd and lascivious molestation of a child under twelve. Because the State failed to offer proof of Burgos’ age (thirty years old), the court entered a conviction as one for a person under eighteen. This was a second degree felony. The court then sentenced defendant as an habitual violent felony offender to thirty years in prison based on his prior Illinois conviction for “armed violence.”¹ Appellant argues, the State concedes and we agree that the Illinois conviction is not analogous to a Florida qualifying offense under the Habitual Violent Felony Offender Act, and the sentence is reversed with [1253]*1253instructions to resentence Burgos to any lawful sentence.

REVERSED and REMANDED.

PETERSON and PLEUS, JJ„ concur.

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HARRIS, J.

Burgos was convicted of lewd and lascivious molestation of a child under twelve. Because the State failed to offer proof of Burgos’ age (thirty years old), the court entered a conviction as one for a person under eighteen. This was a second degree felony. The court then sentenced defendant as an habitual violent felony offender to thirty years in prison based on his prior Illinois conviction for “armed violence.”¹ Appellant argues, the State concedes and we agree that the Illinois conviction is not analogous to a Florida qualifying offense under the Habitual Violent Felony Offender Act, and the sentence is reversed with [1253]*1253instructions to resentence Burgos to any lawful sentence.

REVERSED and REMANDED.

PETERSON and PLEUS, JJ„ concur.

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Bluebook (online)

816 So. 2d 1252, 2002 Fla. App. LEXIS 7641, 2002 WL 1071945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burgos-v-state-fladistctapp-2002.