LEROY TOOMBS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LEROY TOOMBS, APPELLANT,
STATE OF FLORIDA, APPELLEE
605 So. 2d 952
Florida District Court of Appeal, First District (1992)
Negative Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Leroy Toombs has appealed an habitual offender sentence imposed after his conviction by jury of the sale of cocaine. The habitual offender statute requires that certain findings be made before the enhanced penalties afforded by that statute may be applied. § 775.084(3)(d), Fla.Stat. (1989). See Walker v. State, 462 So. 2d 452 (Fla.1985); Knickerbocker v. State, 604 So. 2d 876 (Fla. 1st DCA 1992); Rome v. State, 603 So. 2d 723 (Fla. 1st DCA 1992). Because the trial court herein failed to make the required findings, Toombs’ sentence is reversed, and the case is remanded for resentencing.
JOANOS, C.J., and ALLEN and WOLF, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Toombs, 620 So. 2d 1233 (Fla. 1993)…PER CURIAM. We review Toombs v. State, 605 So. 2d 952 (Fla. 1st DCA 1992), on the ground of conflict of decisions. Art. V, § 3(b)(3), Fla. Const. The decision of the district court of appeal is quashed on the authority of State v. Rucker, 613 So. 2d 460 (Fla.1993), and the case is remanded for proceedi…
Authorities Cited
- Bennie Lee Walker v. State, 462 So. 2d 452 (Fla. 1985)
- Knickerbocker v. State, 604 So. 2d 876 (Fla. 1st DCA 1992)
- Butler v. State, 603 So. 2d 723 (Fla. 1st DCA 1992)
- Rome v. State, 603 So. 2d 723 (Fla. 1st DCA 1992)