CURTIS LEROY BROWN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The opinion of this court filed June 7, 1983, is withdrawn and the following opinion substituted therefor. Brown’s sentence as an habitual offender is reversed and the cause is remanded to the trial court to make the requisite specific finding that such a sentence is necessary for the protection of the public from further criminal activity by the defendant, see § 775.084(4)(a), Fla.Stat. (1981); Ruiz v. State, 407 So. 2d 1042 (Fla. 3d DCA 1981), or if such a finding is not supported by the record, to vacate the habitual offender sentence. We recognize this sentencing error despite the 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). Sentence reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bennie Lee Walker v. State, 462 So. 2d 452 (Fla. 1985)
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Roberts v. State, 559 So. 2d 289 (Fla. 2d DCA 1990)…utes (Supp.1988). We remand for the trial court to either make the requisite findings or, if the record does not support such findings, to vacate the habitual offender sentence. See Little v. State, 440 So. 2d 603 (Fla. 3d DCA 1983); Brown v. State, 435 So. 2d 940 (Fla. 3d DCA 1983). Defendant also contends that the enhancement of his sentence as an habitual [*291] offender pursuant to section 775.084(3)(b), Florida Statutes (Supp.1988), was invalid due to the failure of the state to serve defendant personal…
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Little v. State, 440 So. 2d 603 (Fla. 3d DCA 1983)…Florida Statutes (1981), that such sentencing is necessary for the protection of the public from further criminal activity by the appellant or, if the record fails to support such a finding, to vacate the habitual offender sentences. Brown v. State, 435 So. 2d 940 (Fla. 3d DCA 1983) (on rehearing); Cavallaro v. State, 420 So. 2d 927 (Fla. 2d DCA 1982). Sentence reversed and remanded with directions.…
Authorities Cited
- Gonzalez v. State, 392 So. 2d 334 (Fla. 3d DCA 1981)
- Smith v. State, 378 So. 2d 313 (Fla. 5th DCA 1980)
- Jones v. State, 384 So. 2d 956 (Fla. 5th DCA 1980)
- Smith v. State, 394 So. 2d 407 (Fla. 1980)
- Spikes v. State, 405 So. 2d 430 (Fla. 3d DCA 1981)
- Hampton v. State, 399 So. 2d 441 (Fla. 5th DCA 1981)
- Thomas v. State, 394 So. 2d 548 (Fla. 5th DCA 1981)
- Warmble v. State, 393 So. 2d 1164 (Fla. 3d DCA 1981)
- 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)