WARREN LEVY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WARREN LEVY, APPELLANT,
STATE OF FLORIDA, APPELLEE
375 So. 2d 606
Florida District Court of Appeal, Second District (1979)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Warren Levy brings this appeal to challenge his sentencing as an habitual offender. The record does not reflect that a finding was made that the sentencing of Levy as an habitual offender was necessary for the protection of the public. It is required that this finding be made on the record before one may be sentenced as an habitual offender. Ibbitson v. State, 366 So. 2d 499 (Fla.2d DCA 1979); Grimmett v. State, 357 So. 2d 461 (Fla.2d DCA 1979). Consequently, we vacate the sentence and remand this matter to the trial court for a new sentencing hearing.
GRIMES, C. J., and BOARDMAN and RYDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Whaley v. State, 382 So. 2d 802 (Fla. 1st DCA 1980)…necessary for the protection of the public to sentence the appellant to an extended term. Upon consideration of the record and precedent on this point, we conclude such a finding is required. § 775.084(3) and (3)(d), Fla.Stat. (1979); Levy v. State, 375 So. 2d 606 (Fla. 2d DCA 1979); Grimmett v. State, 357 So. 2d 461 (Fla. 2d DCA 1978). See Adams v. State, 376 So. 2d 47, 58-59 (Fla. 1st DCA 1979); Fry v. State, 359 So. 2d 584 (Fla. 2d DCA 1978). The sentence is therefore vacated and the cause remanded for app…
Authorities Cited
- Grimmett v. State, 357 So. 2d 461 (Fla. 2d DCA 1978)
- Fredrick Ira Ibbitson v. State, 366 So. 2d 499 (Fla. 2d DCA 1979)