CHAMPAGNE V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 07-3082

Case Date: 12/10/2008

Preview:Third District Court of Appeal
State of Florida, July Term, A.D. 2008
Opinion filed December 10, 2008. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D07-3082 Lower Tribunal No. 92-42323 ________________

Bob Champagne,
Appellant, vs.

The State of Florida,
Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Alan Schwartz, Judge. Bob Champagne, in proper person. Bill McCollum, Attorney General, and Nicholas A. Merlin, Assistant Attorney General, for appellee.

Before COPE, SHEPHERD, and SALTER, JJ. PER CURIAM.

Appellant, Bob Champagne, appeals a trial court order denying his motion, brought pursuant to Florida Rule of Criminal Procedure 3.800(a) to correct his sentence of life in prison as an habitual violent felony offender. Based upon the State's confession, which is confirmed by the record provided to us, we reverse and remand for resentencing. On appeal to this Court, the State concedes the predicate offense used to habitualize Champagne in 1993 was a 1992 robbery charge, for which Champagne received a withhold of adjudication and a sentence of two years of community control followed by two years of probation. This concession is confirmed by our review of the record. The 1991 habitual violent felony offender statute allowed defendants to be habitualized based on new crimes committed within the probationary period of a qualifying offense for which adjudication had been withheld, see

Download CHAMPAGNE V. STATE.pdf