CHARLES H. GARVIN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Defendant Charles Garvin appeals the trial court’s determination that he is a habitual offender, contending that findings were not made as contemplated by section 775.084, Florida Statutes (1989). Upon review of the sentencing transcript, it appears that the procedure followed below was substantially similar to that involved in Parker v. State, 421 So. 2d 712 (Fla. 3d DCA 1982), except that the 1989 statute, applicable here, no longer requires a finding that imposition of sentence under the habitual offender statute is necessary for the protection of the public. A presentence investigation was obtained, and defendant offered no objection with respect to the prior criminal history which served as the basis for the habitual offender determination.
Affirmed.
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Woods v. State, 596 So. 2d 156 (Fla. 4th DCA 1992)…t to the 1989 amendment to Florida Statutes 775.084, to also specifically find that the extended sentence is necessary to protect the public. Arnold v. State, 566 So. 2d 37 (Fla. 2d DCA 1990), rev. denied, 576 So. 2d 284 (Fla.1991); Garvin v. State, 567 So. 2d 556 (Fla. 3d DCA 1990). The trial court could validly base its conclusion on appellant’s prior strong arm robbery conviction. §§ 775.084(l)(b)(1), (1)(c), Fla.Stat. (1989). We also find no error or abuse of discretion as to the extent of appellant’s sen…
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Pinacle v. State, 573 So. 2d 925 (Fla. 3d DCA 1991)…Moreno. There is no merit in the appellant’s other contentions on appeal. . This requirement was eliminated by a subsequent statutory amendment. Ch. 88-131, § 6(3) Laws of Florida, codified as § 775.084(3), Fla. Stat. (1989); see Garvin v. State, 567 So. 2d 556 (Fla. 3d DCA 1990); Arnold v. State, 566 So. 2d 37 (Fla. 2d DCA 1990); Donald v. State, 562 So. 2d 792 (Fla. 1st DCA 1990).…
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Lobue v. State, 578 So. 2d 473 (Fla. 3d DCA 1991)…PER CURIAM. Affirmed. See and compare Garvin v. State, 567 So. 2d 556 (Fla. 3d DCA 1990); Johnson v. State, 564 So. 2d 1174 (Fla. 4th DCA 1990); Palmer v. State, 483 So. 2d 496 (Fla. 1st DCA 1986), rev. denied 494 So. 2d 1152 (Fla.1986); Fernandez v. State, 471 So. 2d 642 (Fla. 3d DCA 1985); Clark v. State, 378 So. 2d…
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- Parker v. State, 421 So. 2d 712 (Fla. 3d DCA 1982)