DONALD RODGER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant, Donald Rodger, appeals his conviction and sentence for grand theft. We affirm in part, reverse in part, and remand.
Appellant was convicted of grand theft and sentenced as a habitual offender. Appellant contends, and the State concedes, that appellant’s sentence as a habitual offender must be reversed because the trial court failed to make the requisite findings to support the habitual sentence. See Smith v. State, 573 So. 2d 194 (Fla. 3d DCA 1991). Accordingly, we reverse appellant’s sentence.
However, on remand, the trial court may resentence appellant as a habitual offender if the requisite statutory findings are made by the court and supported by the evidence. Smith v. State, 573 So. 2d at 194.
Finally, we affirm appellant’s conviction in all other respects. See C.C. v. State, 576 So. 2d 951 (Fla. 3d DCA 1991). Affirmed m part, reversed m part, and remanded.
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Anderson v. State, 592 So. 2d 1119 (Fla. 1st DCA 1991)…entence must therefore be reversed. We note that, 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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Parker v. State, 586 So. 2d 513 (Fla. 3d DCA 1991)…d was not done according to Section 775.084 Fla.Stat. (1989).” Therefore, the State suggests, and we agree, that this case be remanded for the trial court to make the appropriate requisite findings pursuant to section 775.084. See Rodger v. State, 583 So. 2d 429 (Fla.3d DCA 1991); Smith v. State, 573 So. 2d 194 (Fla.3d DCA 1991). Reversed and remanded.…
Authorities Cited
- Smith v. State, 573 So. 2d 194 (Fla. 3d DCA 1991)
- C.C. v. State, 576 So. 2d 951 (Fla. 3d DCA 1991)