JOSEPH WHALEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Whaley appeals his sentence of 30 years imposed under the enhanced penalty statute, raising the procedural issue that the trial court failed to specifically find from a preponderance of the evidence that it was 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 appropriate findings and imposition of sentence accordingly.
McCORD, LARRY G. SMITH and WENTWORTH, JJ., concur.
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EL Viejo Arco Iris, Inc. v. Ildefonso Luaces, 395 So. 2d 225 (Fla. 1st DCA 1981)…time of the automobile accident while on his way home. Injuries sustained by a claimant while going to or coming from his place of work are not considered to have arisen out of and in the course of his employment. George v. Woodville Lumber Company, 382 So. 2d 802 (Fla.1980). The deputy commissioner attempted to justify the award under the special errand exception to the going and coming rule. Eady v. Medical Personnel Pool, 377 So. 2d 693 (Fla.1979). Eady, supra, held that a claimant, who was injured while…
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Tessan Swartz v. McDONALD'S Corp., 788 So. 2d 937 (Fla. 2001)…that injuries sustained while traveling to or from work do not arise out of and in the course of employment and, therefore, are not com-pensable. See Bechtel Constr. Co. v. Lehning, 684 So. 2d 334 (Fla. 4th DCA 1996); George v. Woodville Lumber Co., 382 So. 2d 802, 803 (Fla. 1st DCA 1980); § 440.092(2), Fla. Stat. (1995). This rule governing compensability of workers’ compensation claims is codified in section 440.092(2), Florida Statutes (1995). Section 440.092(2) provides: An injury suffered while going to…
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Ruiz v. State, 384 So. 2d 723 (Fla. 3d DCA 1980)…25] remanded to the trial court to make the requisite findings in order to support an enhanced sentence to be imposed upon the defendant in accordance with the habitual felony statute, Section 775.084, supra; Eutsey v. State, supra; Whaley v. State, 382 So. 2d 802 (Fla.1st DCA 1980); King v. State, 369 So. 2d 1031 (Fla.4th DCA 1979). Affirmed in part; reversed in part and remanded.…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ulysses Adams, Jr. v. State, 376 So. 2d 47 (Fla. 1st DCA 1979)
- Grimmett v. State, 357 So. 2d 461 (Fla. 2d DCA 1978)
- FRY v. State, 359 So. 2d 584 (Fla. 2d DCA 1978)
- Levy v. State, 375 So. 2d 606 (Fla. 2d DCA 1979)