DERRICK CHARLES LARRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
After review of the record and briefs in this matter, we affirm appellant’s convictions of attempted first degree murder, aggravated battery, burglary of a dwelling with an assault, and robbery with a deadly weapon. The trial court sentenced appellant as an habitual offender without making any record findings that appellant had not received a pardon as to his prior convictions or had not had any of these convictions set aside in any post-conviction proceeding. This court has held that such findings are required by section 775.084, Florida Statutes (1989). Anderson v. State, 592 So. 2d 1119 (Fla. 1st DCA1991). The case must therefore be remanded for resentencing, at which time the trial court may resentence Mr. Larry as an habitual offender provided the requisite statutory findings are made by the court and supported by the evidence. We certify to the supreme court the same question certified in Anderson, supra.
SHIVERS, ZEHMER and KAHN, JJ., concur.
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Findley v. State, 610 So. 2d 118 (Fla. 1st DCA 1992)…(Fla.1985); Jones v. State, 606 So. 2d 709 (Fla. 1st DCA 1992). At resentencing, the trial court may sentence appellant as an habitual felony offender, provided the requisite statutory findings are made and supported by the evidence. Larry v. State, 610 So. 2d 454 (Fla. 1st DCA 1991). As we did in Jones and in Anderson v. State, 592 So. 2d 1119 (Fla. 1st DCA 1991), review pending, S.Ct. 79,535, we certify the following question to the supreme court as a question of great public importance: Does the holdin…
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Higgins v. State, 611 So. 2d 604 (Fla. 1st DCA 1993)…, 462 So. 2d 452 (Fla.1985); Jones v. State, 606 So. 2d 709 (Fla. 1st DCA1992). At resentencing, the trial court again may sentence appellant as an habitual violent felony offender, provided the requisite statutory findings are made. Larry v. State, 610 So. 2d 454 (Fla. 1st DCA1992). We find it unnecessary to discuss the second issue, since the constitutional arguments appellant raises were decided adversely to his position in Ross v. State, 601 So. 2d 1190 (Fla.1992). As we did in Jones and in Anderson v.…
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State v. Larry, 614 So. 2d 1100 (Fla. 1993)…SHAW, Justice. We have for review Larry v. State, 610 So. 2d 454 (Fla. 1st DCA 1992), wherein the district court certified the same question as was certified in Anderson v. State, 592 So. 2d 1119 (Fla. 1st DCA 1991). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We have since answered this question in Stat…
Authorities Cited
- Anderson v. State, 592 So. 2d 1119 (Fla. 1st DCA 1991)