DONALD EDWARD HAMPTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DAUKSCH, Chief Judge.
This is an appeal from an illegal sentence. The sentence is illegal because it violates the Villery v. Florida Parole and Probation Commission, 396 So. 2d 1107 (Fla.1981) [1981 F.L.W. 313], proscription against split sentences. It is also illegal because it is an enhanced penalty sentence without the requisite finding that the greater penalty was necessary for the protection of the public. Bell v. State, 382 So. 2d 107 (Fla. 5th DCA 1980). But this error was not preserved for appeal because no objection was made to the trial court. Jones v. State, 384 So. 2d 956 (Fla. 5th DCA 1980). Since the sentence must be reversed under Villery, we suggest the enhanced penalty statute be complied with if it is applied upon resentencing.
REVERSED AND REMANDED.
ORFINGER and SHARP, JJ„ concur.
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Walcott v. State, 460 So. 2d 915 (Fla. 5th DCA 1984)…v. State, 394 So. 2d 548 (Fla. 5th DCA 1981), applied the COR to a sentencing error (imposition of an enhanced habitual offender sentence without prerequisite findings required by § 775.-084(3), Fla.Stat.), citing Jones and Smith. Hampton v. State, 399 So. 2d 441 (Fla. 5th DCA 1981), applied the COR to a sentencing error (imposition of enhanced sentence without prerequisite findings), citing Jones. Dunman v. State, 400 So. 2d 838 (Fla. 5th DCA 1981), applied the COR to sentencing errors (sentencing without…
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Hampton v. State, 421 So. 2d 775 (Fla. 5th DCA 1982)…ee § 944.275 and 944.28, Fla. Stat. (1981)), and other matters not availa [*776] ble to the trial judge from the files and records of the court and its executive officer, the sheriff. AFFIRMED. COBB and SHARP, JJ., concur. . See Hampton v. State, 399 So. 2d 441 (Fla. 5th DCA 1981).…
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Brown v. State, 435 So. 2d 940 (Fla. 3d DCA 1983)…he defendant’s failure to preserve the issue below. See Gonzalez v. State, 392 So. 2d 334 (Fla. 3d DCA 1981); accord, Spikes v. State, 405 So. 2d 430 (Fla. 3d DCA 1981); Warmble v. State, 393 So. 2d 1164 (Fla. 3d DCA 1981); but see Hampton v. State, 399 So. 2d 441 (Fla. 5th DCA 1981); Thomas v. State, 394 So. 2d 548 (Fla. 5th DCA 1981); Jones v. State, 384 So. 2d 956 (Fla. 5th DCA 1980); Smith v. State, 378 So. 2d 313 (Fla. 5th DCA), approved on other grounds, 394 So. 2d 407 (Fla.1980). [*941] Sentence revers…
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- Villery v. The Fla. Parole & Prob. Comm'n, 396 So. 2d 1107 (Fla. 1980)
- Jones v. State, 384 So. 2d 956 (Fla. 5th DCA 1980)
- Losko Bell v. State, 382 So. 2d 107 (Fla. 5th DCA 1980)