RONALD HERBERT HILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We reverse appellant’s sentence as a habitual offender because the trial court failed to make the requisite findings pursuant to section 775.084(l)(a), Florida Statutes (1989). See Rolle v. State, 586 So. 2d 1293 (Fla. 4th DCA 1991); Simon v. State, 589 So. 2d 381 (Fla. 4th DCA 1991); Anderson v. State, 592 So. 2d 1119 (Fla. 1st DCA 1992). We also adopt the question certified by the First District Court of Appeal in Anderson, and certify it as one of great public importance as restated in Banes v. State, 597 So. 2d 975 (Fla. 4th DCA 1992).
On remand, the trial court may again sentence appellant as a habitual offender provided it makes findings, supported by evidence, as required by section 775.-084(1)(a). See Meehan v. State, 526 So. 2d 1083 (Fla. 4th DCA 1988).
GLICKSTEIN, C.J., and DELL and WARNER, JJ., concur.
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State v. Hill, 613 So. 2d 476 (Fla. 1993)…SHAW, Justice. We have for review Hill v. State, 602 So. 2d 590 (Fla. 4th DCA 1992), wherein the court certified the following question: Does the holding in Eutsey v. State, 383 So. 2d 219 (Fla.1980), that the state has no burden of proof as to whether the convictions necessary for habitual felony offender sent…
Authorities Cited
- Anderson v. State, 592 So. 2d 1119 (Fla. 1st DCA 1991)
- Rolle v. State, 586 So. 2d 1293 (Fla. 4th DCA 1991)
- Simon v. State, 589 So. 2d 381 (Fla. 4th DCA 1991)
- 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)
- Daly v. Ocean Club OF Palm Beach Shores Condo. Ass'n, Inc., 597 So. 2d 975 (Fla. 4th DCA 1992)