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ARMSTRONG v. STATE

No. 4D11-2271.

98 So.3d 779 (2012)

Gerald ARMSTRONG, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 17, 2012.

Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, Dea Abramschmitt , Assistant Public Defender, West Palm Beach, and Gerald Armstrong , Crawfordville, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Melvin G. Mosier , Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

The appellant challenges his habitual felony offender (HFO) sentence, and argues that the court erred in relying on hearsay to find that he qualified for enhanced sentencing under section 775.084, Florida Statutes. We accept the State's concession of error and reverse.

At the sentencing hearing, a Department of Corrections (DOC) employee testified to the date the appellant was released from probation, a date he obtained from the DOC website. This...

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