Hampton v. State, 80-982
| Decision Date | 03 June 1981 |
| Docket Number | No. 80-982,80-982 |
| Citation | 399 So.2d 441 |
| Parties | Donald Edward HAMPTON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.
This is an appeal from an illegal sentence. The sentence is illegal because it violates the Villery v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla.1981) (1981 F.L.W. 313), proscription against split sentences. It is also illegal because it is an enhanced penalty sentence without the requisite finding that the greater penalty was necessary for the protection of the public. Bell v. State, 382 So.2d 107 (Fla. 5th DCA 1980). But this error was not preserved for appeal because no objection was made to the trial court. Jones v. State, 384 So.2d 956 (Fla. 5th DCA 1980). Since the sentence must be reversed under Villery, we suggest the enhanced penalty statute be complied with if it is applied upon resentencing.
REVERSED AND REMANDED.
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...habitual offender sentence without prerequisite findings required by § 775.084(3), Fla.Stat.), citing Jones and Smith. Hampton v. State, 399 So.2d 441 (Fla. 5th DCA 1981), applied the COR to a sentencing error (imposition of enhanced sentence without prerequisite findings), citing Dunman v.......
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...Spikes v. State, 405 So.2d 430 (Fla. 3d DCA 1981); Warmble v. State, 393 So.2d 1164 (Fla. 3d DCA 1981); but see Hampton v. State, 399 So.2d 441 (Fla. 5th DCA 1981); Thomas v. State, 394 So.2d 548 (Fla. 5th DCA 1981); Jones v. State, 384 So.2d 956 (Fla. 5th DCA 1980); Smith v. State, 378 So.......
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...files and records of the court and its executive officer, the sheriff. AFFIRMED. COBB and SHARP, JJ., concur. 1 See Hampton v. State, 399 So.2d 441 (Fla. 5th DCA 1981). ...
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King v. State, 83-693
...Gen., Tallahassee, and Kenneth McLaughlin, Asst. Atty. Gen., Daytona Beach, for appellee. PER CURIAM. Affirmed. See Hampton v. State, 399 So.2d 441 (Fla. 5th DCA 1981). ORFINGER, C.J., and DAUKSCH and SHARP, JJ., ...