MAUREEN POLLARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MAUREEN POLLARD, APPELLANT,
STATE OF FLORIDA, APPELLEE
561 So. 2d 29
Florida District Court of Appeal, Fourth District (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the conviction, but reverse the sentence and remand for resentencing. The trial court erred in sentencing the appellant as a habitual offender without making the requisite determination, pursuant to section 775.084, Florida Statutes (1987), that an extended term of imprisonment is necessary for the protection of the public. The newly imposed sentence must be within the guidelines pursuant to Shull v. Dugger, 515 So. 2d 748 (Fla.1987).
ANSTEAD, GLICKSTEIN and POLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bertram King v. State, 580 So. 2d 169 (Fla. 4th DCA 1991)…on 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. Parker v. State, 546 So. 2d 727 (Fla.1989). REVERSED AND REMANDE…
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Murray v. State, 602 So. 2d 583 (Fla. 4th DCA 1992)…s for express findings as to two previous qualifying offenses, one of which was final within the preceding 5 years, and which were not pardoned or set aside later. To reach the result in King, we had to recede from our decision in Pollard v. State, 561 So. 2d 29 (Fla. 4th DCA 1990). Pollard was based on Shull v. Dugger, 515 So. 2d 748 (Fla.1987), where the court held that, after a habitual offender sentence had been reversed because it was based on invalid reasons, the resentencing is limited to the guideli…
Authorities Cited
- Shull v. Dugger, 515 So. 2d 748 (Fla. 1987)