SONYA RENEE ALPHONSE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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CASE, JAMES R., Associate Judge.
The defendant challenges her conviction and sentence for possession of a controlled substance on two grounds. We find merit to only one of her contentions.
The defendant argues the court erred in enhancing her sentence as a habitual offender without including either in a written order or in oral statements in the record an acknowledgment of the receipt of the necessary documentation required by section 775.084, Florida Statutes (1989). We agree and remand for the trial court to either make the requisite findings based on proper evidentiary support, or, if the record does not support such, vacate the habitual offender sentence and resentence the defendant according to the guidelines. See Roberts v. State, 559 So. 2d 289 (Fla. 2d DCA 1990).
DANAHY, A.C.J., and THREADGILL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Teasley v. State, 610 So. 2d 26 (Fla. 2d DCA 1992)…offender. We remand these cases for the trial court either to make the required findings upon proper evidentiary support or, if the requisite prior convictions do not exist, to resentence him within the sentencing guidelines. See Alphonse v. State, 593 So. 2d 612 (Fla. 2d DCA 1992). Finally, Teasley asserts that a term of probation or community control is illegal under the habitual offender statute. This court decided otherwise in King v. State, 597 So. 2d 309 (Fla. 2d DCA 1992) (en banc). We certify confli…
Authorities Cited
- Flowers v. State, 559 So. 2d 289 (Fla. 4th DCA 1990)
- Roberts v. State, 559 So. 2d 289 (Fla. 2d DCA 1990)