LUMAN BODIE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Luman Bodie was convicted by jury of capital sexual battery and burglary while armed. The appellate court affirmed his convictions but reversed his sentences, finding the State failed to present sufficient evidence to prove he qualified as a prison releasee reoffender for enhanced sentencing purposes.
The State failed to present evidence sufficient to prove that Bodie was the inmate named in the printout and therefore failed to meet its statutory burden to prove he qualified as a prison releasee reoffender. Enhanced PRR sentences are reversed, and the case is remanded for resentencing, allowing the State an opportunity to present additional evidence meeting its burden.
[1] The State bears the burden of proving by a preponderance of the evidence that a defendant qualifies for prison releasee reoffender sentencing.
[2] A certified computer record from the Department of Corrections showing conviction dates, sentences, and release dates for an inmate is insufficient to prove identity for…
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Join FLexlaw to unlock all legal intelligence“It is the State's burden to prove, by a preponderance of the evidence, that a defendant qualifies as a prison releasee reoffender.”
Establishes the legal standard and burden of proof for PRR sentencing enhancements
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Join FLexlaw to unlock all legal intelligenceBodie was convicted by jury of capital sexual battery and burglary while armed with a dangerous weapon. At sentencing, the State sought to impose enha…
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NORTHCUTT, Chief Judge.
A jury convicted Luman Bodie of capital sexual battery, § 794.011(2), Fla. Stat. (2001), and burglary while armed with a dangerous weapon, § 810.02, Fla. Stat. (2001). Bodie challenges his convictions on several grounds, but we find no error and affirm the convictions without further discussion. Bodie also contends that he was improperly sentenced as a prison re-leasee reoffender, § 775.082(9), Fla. Stat. (2001). On this point he is correct. We reverse the sentences and remand for further proceedings.
It is the State’s burden to prove, by a preponderance of the evidence, that a defendant qualifies as a prison releasee reof-fender. § 775.082(9)(a)(3). In Bodie’s case the State’s evidence consisted of a certified computer record from the Florida Department of Corrections that showed dates of convictions, sentences imposed, and release dates for an inmate named Luman A. Bodie. The computer record did not contain fingerprints or a photograph of the named inmate.
When the State offered the printout into evidence, Bodie’s counsel interjected that the court “needed fingerprints. The prosecutor countered that the documents contained sufficient identifying data to meet State’s burden of proving that Bodie qualified for the enhanced sentencing. The court agreed and imposed PRR sentences. After commencing this appeal, Bodie filed a rule 3.800(b) motion again contending that the State had failed to prove he qualified for PRR sentencing. That motion was deemed denied after the court did not rule on it. Fla. R.Crim. P. 3.800(b)(2)(B).
The State failed to present evidence sufficient to prove that Bodie was the inmate named in the printout. Cf. Johnson v. State, 936 So. 2d 672, 674 (Fla. 4th DCA 2006) (finding that although the State did not prove by fingerprints that prior convictions were those of the defendant, the records submitted contained a photograph of the defendant, which was sufficient to prove identity); Keith v. State, 844 So. 2d 715, 716 (Fla. 2d DCA 2003) (noting that a certified copy of a judgment and sentence were sufficient to prove identity for purposes of PRR sentencing). As such, it failed to meet its statutory burden to prove that Bodie qualified as prison releas-ee reoffender. We reverse Bodie’s sentences. On remand, the court may resentence Bodie as a prison releasee reoffender only if the State presents additional evidence that meets its burden of proving he qualifies for such sentencing. See Hill v. State, 753 So. 2d 602 (Fla. 2d DCA 2000).
Affirmed in part, reversed in part, and remanded.
SILBERMAN and VILLANTI, JJ., Concur.
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Alcantara v. State, 39 So. 3d 535 (Fla. 5th DCA 2010)…. 5th DCA 2008); Smith v. State, 714 So. 2d 1152, 1153 (Fla. 2d DCA 1998). In the present case, the State failed to introduce a certified copy of the Rhode Island conviction or other evidence sufficient to meet its burden. See, e.g., Bodie v. State, 983 So. 2d 1196 (Fla. 2d DCA 2008) (State must present sufficient evidence, such as fingerprints or photograph, to establish that defendant is, in fact, person referenced in computer records); see also Moore v. State, 944 So. 2d 1063 (Fla. 4th DCA 2006) (trial cour…
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Prince v. State, 989 So. 2d 755 (Fla. 2d DCA 2008)…pertained to Prince, the trial court sentenced Prince to five years in prison as a PRR on each of the two aggravated assault convictions. Recently, this court reversed a PRR sentence imposed in a case with nearly identical facts. In Bodie v. State, 983 So. 2d 1196, 1197 (Fla. 2d DCA 2008), the State sought to have Bodie sentenced as a PRR. The State’s sole evidence to establish that Bodie qualified as a PRR was “a certified computer record from the Florida Department of Corrections that showed dates of convic…
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West v. State, 16 So. 3d 1033 (Fla. 2d DCA 2009)…eserved his objection regarding the lack of fingerprint evidence to establish West was the inmate listed in the DOC certified record. Turning to the merits, this court has addressed the issue of proof of identity for PRR purposes in Bodie v. State, 983 So. 2d 1196 (Fla. 2d DCA 2008). There, the State presented a certified computer record from the DOC in a PRR sentencing hearing to show convictions and release dates. Bodie’s counsel objected based on the lack of fingerprints. This court noted [*1035] that “[t]…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Johnson v. State, 936 So. 2d 672 (Fla. 4th DCA 2006)
- Keith v. State, 844 So. 2d 715 (Fla. 2d DCA 2003)
- Hill v. State, 753 So. 2d 602 (Fla. 2d DCA 2000)