WILLIE LEE LITTLE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Willie Lee Little was convicted of burglary of a structure and grand theft in 1982. The evidence showed that he had been convicted of numerous other burglaries. He was sentenced as a habitual offender. Appellant seeks reversal of his sentences on the ground that the trial court erred in sentencing him as a habitual offender pursuant to section 775.084(4)(a), Florida Statutes (1981), since the court failed to specify the basis for sentencing him as a habitual offender and failed to find that the enhanced sentences were necessary for the protection of the public. We find merit in appellant’s contention and reverse appellant’s sentences as a habitual offender and remand for the trial court to make the specific finding required by section 775.-084(3)(d), 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.
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Roberts v. State, 559 So. 2d 289 (Fla. 2d DCA 1990)…findings required by section 775.084, Florida Statutes (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 t…
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Watson v. State, 492 So. 2d 831 (Fla. 5th DCA 1986)…85 (Fla. 1st DCA 1986); Welsh v. State, 486 So. 2d 38 (Fla. 2d DCA 1986); Winters v. State, 475 So. 2d 1025 (Fla. 1st DCA 1985); Hopkins v. State, 463 So. 2d 521 (Fla. 3d DCA 1985); Scott v. State, 446 So. 2d 261 (Fla. 2d DCA 1984); Little v. State, 440 So. 2d 603 (Fla. 3d DCA 1983). A general statement that due to his record it is necessary for the protection of the public to sentence the defendant to an extended term will not satisfy section 775.084(3)(d). See Scott v. State, supra. In the present case, the…
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Donaldson v. State, 519 So. 2d 737 (Fla. 3d DCA 1988)…da Statutes' (1985). He points to the trial court’s failure to issue findings that the extended sentence was necessary for the protection of the public. His argument has merit. See Brown v. State, 497 So. 2d 887 (Fla. 5th DGA 1986); Little v. State, 440 So. 2d 603 (Fla. 3d DCA 1983). Accordingly, we vacate Donaldson’s sentence and remand for resentencing. Donaldson is entitled to be present at resentencing. See Griffin v. State, 517 So. 2d 669 (Fla.1987); State v. Scott, 439 So. 2d 219 (Fla.1983). Affirmed i…
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- Cavallaro v. State, 420 So. 2d 927 (Fla. 2d DCA 1982)
- Brown v. State, 435 So. 2d 940 (Fla. 3d DCA 1983)