Cleveland v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledOctober 30, 2026
Docket2D2025-1580
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
BO WILLIAMS CLEVELAND,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D2025-1580
October 30, 2026
Appeal from the Circuit Court for DeSoto County; Don T. Hall, Judge.
Blair Allen, Public Defender, and Joanna Beth Conner, Assistant Public
Defender, Bartow, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Jonathan P. Hurley,
Assistant Attorney General, Tampa, for Appellee.
LaROSE, Judge.
We reversed Bo Williams Cleveland's original sentence. See
Cleveland v. State, 406 So. 3d 1142, 1143 (Fla. 2d DCA 2025). He now
challenges his new sentence imposed after a resentencing hearing. We
have jurisdiction. See Fla. R. App. P. 9.030(b)(1)(A). Regrettably, the
same error repeated itself. See Cleveland, 406 So. 3d at 1143. The State
failed to establish that Mr. Cleveland qualified for enhanced sentencing.
Again, we reverse and remand for resentencing.
A jury convicted Mr. Cleveland of battery on a corrections officer.
The trial court sentenced him as a habitual felony offender (HFO) to ten
years in prison, consecutive to the term he was already serving.
On appeal of his judgment and sentence, we explained that "the
State failed to introduce evidence proving that he qualified as a[n HFO]
for purposes of an enhanced sentence." Id. We observed that "[t]he
transcript of the sentencing hearing reflects that the State handed
'proper paperwork to support th[e] enhanced sentence' to the trial court,
but the State never admitted the paperwork into evidence, and it is not in
the appellate record." Id. (second alteration in original). We reversed and
"remanded for a new sentencing hearing at which the State may again
attempt to prove that Mr. Cleveland qualifies as a[n HFO]." Id. at 1144.
On remand, the trial court again sentenced Mr. Cleveland as an
HFO without receiving his prior convictions into evidence. Apparently,
the trial court relied upon the State's misplaced representation that it
entered Mr. Cleveland's prior convictions into evidence at the original
sentencing hearing. It did not. See id. at 1143. Therefore, the same
problem remains: the lack of record evidence showing that Mr. Cleveland
qualifies as an HFO.
We reverse Mr. Cleveland's sentence and remand for the trial court
to conduct a third sentencing hearing. The State shall, yet again, have
the opportunity to introduce evidence establishing that Mr. Cleveland
qualifies for an enhanced sentence. See Forman v. State, 312 So. 3d 141,
145 (Fla. 2d DCA 2020).
Reversed and remanded with instructions.
NORTHCUTT and BLACK, JJ., Concur.
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Opinion subject to revision prior to official publication.
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