DAVID SCOTT A/K/A DAVID SCOTT WILLIAMS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
DAVID SCOTT A/K/A DAVID SCOTT WILLIAMS, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
423 So. 2d 986
Florida District Court of Appeal, Third District (1982)
Negative Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Appellant having failed to demonstrate reversible error in the trial proceedings, the judgments of conviction and sentence for burglary and theft are affirmed. The sentence was enhanced pursuant to Section 775.084(4), Florida Statutes (1979) and is supported only by the oral finding that “this is necessary for the protection of society”, which finding is woefully short of what is required by the statute. Ruiz v. State, 407 So. 2d 1042 (Fla. 3d DCA 1981). We reverse the enhanced portion of the sentence and remand for further findings and resentencing in accordance with this opinion.
Affirmed in part, reversed in part, and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Adams v. State, 559 So. 2d 1293 (Fla. 3d DCA 1990)…727 (Fla.1989). A mere reference to a defendant’s criminal history and a conclusory statement that a finding of habitual offender was necessary to protect the public is insufficient. Pugh v. State, 547 So. 2d 289 (Fla. 1st DCA 1989); Scott v. State, 423 So. 2d 986 (Fla. 3d DCA 1982). In Pugh, the court merely referred to the appellant’s criminal history. By contrast, in the present case, the court relied not only upon Adams’ criminal history, but also upon other documents submitted by the State Attorneys’ Off…
-
Taylor v. State, 559 So. 2d 385 (Fla. 3d DCA 1990)…). The trial court’s oral findings need not be reduced to writing and were otherwise sufficient. See Parker v. State, 546 So. 2d 727, 729 (Fla.1989), overruling sub silentio Rodriguez v. State, 542 So. 2d 1064 (Fla. 3d DCA 1989), and Scott v. State, 423 So. 2d 986 (Fla. 3d DCA 1982). Affirmed.…
-
Rodriguez v. State, 542 So. 2d 1064 (Fla. 3d DCA 1989)…r for the purpose of an enhanced sentence, the court must make specific findings of fact, in writing, as to why it is necessary for the protection of the public to impose an extended term of imprisonment. § 775.084, Fla.Stat. (1987); Scott v. State, 423 So. 2d 986 (Fla. 3d DCA 1982). The sentence is reversed and the cause is remanded for further consistent proceedings.…
Authorities Cited
- Wolfer v. George Hyman Constr. Co., 407 So. 2d 1042 (Fla. 3d DCA 1981)
- Ruiz v. State, 407 So. 2d 1042 (Fla. 3d DCA 1981)