Rivera v. State
Annotate this Case
Download PDF
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2009 ANGEL RIVERA, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D05-1491 [May 20, 2009] ON REMAND FROM THE SUPREME COURT OF FLORIDA PER CURIAM. We reconsider on remand our opinion in Rivera v. State, 939 So. 2d 1197 (Fla. 4th DCA 2006), which was quashed by the Florida Supreme Court following its decision in Rivera v. State, 34 Fla. L. Weekly S292 (Fla. Mar. 27, 2009). As ordered by the Supreme Court, we apply its decision in Yisrael v. State, 993 So. 2d 952 (Fla. 2008), to the facts of this case. In Yisrael, the Supreme Court disapproved of this Court s holding in Yisrael v. State, 938 So. 2d 546 (Fla. 4th DCA 2006), which was the case relied upon by this Court in holding that the Department of Correction s letter, alone, was sufficient evidence of Rivera s last release date to sentence him as a habitual felony offender (HFO). See Rivera, 939 So. 2d at 1197. Given the Supreme Court s reasoning in Yisrael, we now reverse Rivera s sentence as a HFO because a Department of Correction s letter, alone, is insufficient to support sentencing as a HFO. See Yisrael, 993 So. 2d at 961. We, therefore, remand for resentencing consistent with the supreme court s decision in Yisrael. Upon remand, the State may present additional evidence to prove that the defendant qualifies for habitual felony offender sentencing. See State v. Collins, 985 So. 2d 985, 990 (Fla. 2008). Reversed and Remanded. HAZOURI, MAY and DAMOORGIAN, JJ., concur. * * * 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. Bill McCollum, Attorney General, Tallahassee, a n d Monique E. L'Italien, Assistant Attorney General, West Palm Beach, for appellee.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
