MARIA MUNTANER, APPELLANT,

v.

MILLER GAS COMPANY, APPELLEE

Citator

Cited By

• Bertram King v. State, 580 So. 2d 169 (Fla. 4th DCA 1991)
  …ing. The trial judge failed to make factual findings required by section 775.084, Florida Statutes (1987). At the resentencing, the trial court may again consider whether the habitual offender statute should be applied to appellant. Meehan v. State, 526 So. 2d 1083 (Fla. 4th DCA 1988). We recede from Pollard v. State, 561 So. 2d 29 (Fla. 4th DCA 1990) to the extent that it conflicts with this opinion. The factual findings need not be reduced to writing as long as they are made in a reported judicial proceeding…
• Rolle v. State, 586 So. 2d 1293 (Fla. 4th DCA 1991)
  …] bitual offender without the required findings of section 775.084(l)(a). We remand this case to the trial .court for resentencing. On remand, the court may again consider whether the habitual offender statute should be applied. See Meehan v. State, 526 So. 2d 1083 (Fla. 4th DCA 1988). REVERSED and REMANDED. GARRETT and FARMER, JJ., concur.…
• Elliott v. State, 597 So. 2d 916 (Fla. 4th DCA 1992)
  …te, 462 So. 2d 452 (Fla.1985); Rolle v. State, 586 So. 2d 1293 (Fla. 4th DCA 1991). On remand the trial court may resentence Appellant as a habitual offender if the required statutory findings are made and supported by the evidence. Meehan v. State, 526 So. 2d 1083 (Fla. 4th DCA 1988). AFFIRMED AS TO CONVICTION; REVERSED AS TO SENTENCE AND REMANDED FOR FURTHER PROCEEDINGS THEREON. STONE, J., concurs. HERSEY, J., concurs in conclusion only. . We regret the necessity of mentioning the race of the suspects. H…

Authorities Cited

• Clark v. Lumbermans Mut. Ins. Co. & Orange Park Assembly of God, 465 So. 2d 552 (Fla. 1st DCA 1985)
• Lopez v. Fla. Power & Light Co., 501 So. 2d 1339 (Fla. 3d DCA 1987)
• Monserrate Albin Rodriguez v. The Houston Corp., 167 So. 2d 746 (Fla. 3d DCA 1964)