CALVIN BRIAN JOPPY, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CALVIN BRIAN JOPPY, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D12-0161 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed April 24, 2013. An appeal from the Circuit Court for Duval County. Russell L. Healey, Judge. Nancy A. Daniels, Public Defender, and M. Gene Stephens, Assistant Public Defender, Tallahassee, for Appellant; Calvin Brian Joppy, pro se, Appellant. Pamela Jo Bondi, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Calvin B. Joppy appeals his sentence as a habitual violent felony offender. Because the state did not present sufficient proof of a qualifying prior conviction or release, we reverse the habitual violent felony offender sentence. On remand, the state may again seek a habitual violent felony offender sentence as long as all the requirements of section 775.084, Florida Statutes, are met. State v. Collins, 985 So. 2d 985, 994 (Fla. 2008). Accordingly, we REVERSE and REMAND for proceedings consistent with this opinion. ROBERTS, WETHERELL, and ROWE, JJ., CONCUR. 2

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