Rivera v. State
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Term 2006
ANGEL RIVERA,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 4D05-1491
[ November 1, 2006 ]
PER CURIAM.
ON MOTION FOR REHEARING OR CERTIFICATION OF CONFLICT
We deny appellant’s, Angel Rivera, motion for rehearing and grant his
motion for certification of conflict. We withdraw our previous opinion
and substitute the following in its place.
Appellant, Angel Rivera, was found guilty of strong arm robbery and
sentenced to thirty years in prison as a habitual felony offender. On
appeal, Rivera argues that the trial court erred by denying his hearsay
objection to the introduction of a letter from the Florida Department of
Corrections reflecting his most recent release date from prison. The
State offered the letter at sentencing in order to establish Rivera’s status
as a habitual felony offender.
We affirm as to this issue based on this court’s recent en banc opinion
in Yisrael v. State, 31 Fla. L. Weekly D2178 (Fla. 4th DCA Aug. 16, 2006).
As in Yisrael, we also certify conflict with Gray v. State, 910 So. 2d 867
(Fla. 1st DCA 2005).
Affirmed.
GUNTHER, HAZOURI and MAY, JJ., concur.
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Appeal from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Ana I. Gardiner, Judge; L.T. Case No. 00-04939 CF10A.
Carey Haughwout, Public Defender, and Paul E. Petillo, Assistant
Public Defender, West Palm Beach, for appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Monique E.
L’Italien, Assistant Attorney General, West Palm Beach, for appellee.
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