DENNIS L. POPE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LEHAN, Judge.
Defendant contends that his enhanced sentence as an habitual offender following his conviction for grand theft was erroneous because the trial court made no finding that the enhanced sentence was necessary to protect the public as required by section 775.04(3), Florida Statutes (1983). We agree. See Walker v. State, 462 So. 2d 452 (Fla.1985); Brown v. State, 457 So. 2d 1079 (Fla. 5th DCA 1984).
We find no merit in defendant’s remaining contention. See Rasul v. State, 465 So. 2d 535 (Fla. 2d DCA 1985); McCuiston v. State, 462 So. 2d 830 (Fla. 2d DCA 1985).
Reversed and remanded for resentencing.
GRIMES, A.C.J., and FRANK, J., concur.
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State v. Wooten, 782 So. 2d 408 (Fla. 2d DCA 2001)…rearm. See also Jones v. State, 588 So. 2d 78 (Fla. 4th DCA 1991) (holding that mandatory three-year sentence for conviction of selling drugs within 1000 feet of school does not apply to defendant sentenced as youthful offender). In Ellis v. State, 475 So. 2d 1021 (Fla. 2d DCA 1985), this court provided an analysis regarding minimum mandatories and their relation to the youthful offender statute which is relevant to the review in our case. In the absence of any specific contrary legislative intent, we interp…
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State v. Weston, 510 So. 2d 1001 (Fla. 3d DCA 1987)…2d 144 (Fla.1985). We believe, in sum, that section 958.04(3) represents a conscious decision by the legislature that an appropriate employment ofthe Y.O.A. pursuant to the statutory requirements as to the particular defendant,1 see Ellis v. State, 475 So. 2d 1021 (Fla.App.1985), itself constitutes a proper basis for a more lenient, but not necessarily for a harsher, sentence than under the guidelines. Since, as a part of this scheme, the statute does not provide for appellate review of downward departures an…
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State v. Richardson, 766 So. 2d 1111 (Fla. 3d DCA 2000)…However, if the sentencing judge has the discretion to sentence the defendant as a youthful offender’ Rule 3.800(c) contains no language divesting the sentencing judge of this discretion upon consideration of a mitigation motion. See Ellis v. State, 475 So. 2d 1021 (Fla. 2d DCA 1985). The State next asserts that mitigation is an abuse of discretion because the State had not filed a motion for mitigation based on defendant’s substantial assistance. This argument also does not support reversal because, again, t…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bennie Lee Walker v. State, 462 So. 2d 452 (Fla. 1985)
- McCUISTON v. State, 462 So. 2d 830 (Fla. 2d DCA 1984)
- Natal Rasul v. State, 465 So. 2d 535 (Fla. 2d DCA 1985)
- Brown v. State, 457 So. 2d 1079 (Fla. 5th DCA 1984)