BERTRAM KING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We reverse appellant’s habitual offender sentence on the authority of Mitchell v. State, 547 So. 2d 311 (Fla. 4th DCA 1989) and remand for resentencing. 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. Parker v. State, 546 So. 2d 727 (Fla.1989).
REVERSED AND REMANDED FOR RESENTENCING.
HERSEY, C.J., and DOWNEY, ANSTEAD, LETTS, GLICKSTEIN, DELL, GUNTHER, STONE, WARNER, POLEN and GARRETT, JJ., concur.
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Martinez v. State, 981 So. 2d 449 (Fla. 2008)…State is required to prove beyond a reasonable doubt that the defendant’s actions were not taken in self-defense. See Fowler v. State, 921 So. 2d 708, 711 (Fla. 2d DCA 2006); S.D.G. v. State, 919 So. 2d 704, 705 (Fla. 5th DCA 2006); Sneed v. State, 580 So. 2d 169, 170 (Fla. 4th DCA 1991). One district court has even held that the sheer importance of a self-defense instruction to a defendant renders it akin to an instruction on a disputed element of an offense, such that an erroneous instruction on the defens…
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Anderson v. State, 592 So. 2d 1119 (Fla. 1st DCA 1991)…on remand for resentencing, the trial court may resen-tence Anderson as an habitual offender, if the requisite statutory findings are made by the court and supported by the evidence. Rodger v. State, 583 So. 2d 429 (Fla. 3d DCA 1991); King v. State, 580 So. 2d 169 (Fla. 4th DCA 1991). Reversed and remanded for resentenc-ing. SHIVERS and ZEHMER, JJ., concur.…
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State v. Rivera, 719 So. 2d 335 (Fla. 5th DCA 1998)…ble felony.” See also Hunter v. State, 687 So. 2d 277, 278 (Fla. 5th DCA 1997). If a defendant establishes a prima facie case of self-defense, the state must overcome the defense by rebuttal, or by inference in its case in chief. See Sneed v. State, 580 So. 2d 169, 170 (Fla. 4th DCA 1991). If the state fails to sustain this burden of proof, the trial court is duty bound to grant a judgment of acquittal in favor of the defendant. See Brown v. State, 454 So. 2d 596, 599 (Fla. 5th DCA), rev. denied, 461 So. 2d 1…
Previewing 3 of 19 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Timmie Lewis Parker v. State, 546 So. 2d 727 (Fla. 1989)
- Muntaner v. Miller GAS Co., 526 So. 2d 1083 (Fla. 3d DCA 1988)
- Hemmerle v. Sunland Props., Inc., 526 So. 2d 1083 (Fla. 4th DCA 1988)
- Mitchell v. State, 547 So. 2d 311 (Fla. 4th DCA 1989)
- Pollard v. State, 561 So. 2d 29 (Fla. 4th DCA 1990)
- Michael v. Golden Dolphin Enters., Inc., 561 So. 2d 29 (Fla. 4th DCA 1990)