WADE JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WADE JOHNSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
577 So. 2d 725
Florida District Court of Appeal, Second District (1991)
Negative Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.
Defendant appeals the summary denial of his motion to mitigate his sentence. He complains of his failure to receive notice of the state’s intent to request sentencing him as a habitual offender. The trial judge failed to attach the written notice or other portions of the record to either refute defendant’s allegation or to substantiate the denial of the motion.
Accordingly, we reverse the order and remand for further proceedings. If the trial court determines on remand that the motion must be denied, it should attach portions of the record to support its finding.
SCHEB, A.C.J., and DANAHY and THREADGILL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Hale v. State, 630 So. 2d 521 (Fla. 1993)…imposing consecutive rather than concurrent sentences. Hale did not raise this issue before the district court because the law in the First District at the time allowed consecutive habitual offender minimum mandatory sentences. See Daniels v. State, 577 So. 2d 725 (Fla. 1st DCA 1991), quashed, 595 So. 2d 952 (Fla.1992). Because we quashed the district court’s decision in Daniels, Hale is entitled to raise the issue in these proceedings. Hale asserts that our decision in Daniels requires a reversal of the tri…
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Berlie Daniels, Jr. v. State, 595 So. 2d 952 (Fla. 1992)…GRIMES, Justice. Pursuant to article V, section 3(b)(4) of the Florida Constitution, we review Daniels v. State, 577 So. 2d 725, 725-26 (Fla. 1st DCA 1991), in which the court certified the following question as one of great public importance: GIVEN THE LEGISLATIVE INTENT UNDERLYING CHAPTER 88-131, LAWS OF FLORIDA, AND THE COURT’S DECISIONS IN STATE V ENMUND, 476 S0.2D 165…
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Brooks v. State, 605 So. 2d 874 (Fla. 1st DCA 1992)…tionality of the habitual felony offender statute has been raised and rejected by this and other courts of this state, and does not form a basis for reversal. See e.g. Perkins v. State, 583 So. 2d 1103 (Fla. 1st DCA 1991). Next, in Daniels v. State, 577 So. 2d 725 (Fla. 1st DCA 1991), this court ruled that consecutive mandatory minimum sentences under the. habitual violent felony offender statute are permissible. • Finally, although it is inconsequential in light of our reversal of appellant’s robbery with a…
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