King v. State, 89-2840
Decision Date | 06 March 1991 |
Docket Number | No. 89-2840,89-2840 |
Citation | 580 So.2d 169 |
Parties | Bertram KING, Appellant, v. STATE of Florida, Appellee. 580 So.2d 169, 15 Fla. L. Week. D2720, 16 Fla. L. Week. 625 |
Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Broward County; J. Leonard Fleet, Judge.
Richard L. Jorandby, Public Defender, and Jeffrey L. Anderson, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.
ON REHEARING EN BANC
We reverse appellant's habitual offender sentence on the authority of Mitchell v. State, 547 So.2d 311 (Fla. 4th DCA 1989) and remand for resentencing. The trial judge failed to make factual findings required by section 775.084, Florida Statutes (1987). At the resentencing, the trial court may again consider whether the habitual offender statute should be applied to appellant. Meehan v. State, 526 So.2d 1083 (Fla. 4th DCA 1988). We recede from Pollard v. State, 561 So.2d 29 (Fla. 4th DCA 1990) to the extent that it conflicts with this opinion. The factual findings need not be reduced to writing as long as they are made in a reported judicial proceeding. Parker v. State, 546 So.2d 727 (Fla.1989).
REVERSED AND REMANDED FOR RESENTENCING.
To continue reading
Request your trial-
Murray v. State, 91-1450
...sentence without statutory findings does not bar defendant from raising issue on direct appeal from sentence); King v. State, 580 So.2d 169 (Fla. 4th DCA 1991) (en banc) (upon remand from defective habitual offender sentence, trial court is free to reimpose habitual offender sentence upon c......
-
Cooper v. State
...DCA 1992); Simon v. State, 589 So.2d 381 (Fla. 4th DCA1991); Rolle v. State, 586 So.2d 1293 (Fla. 4th DCA 1991); King v. State, 580 So.2d 169 (Fla. 4th DCA 1991) (en banc). On remand, the trial court may again sentence appellant as an habitual offender, provided it makes the required findin......
- Sneed v. State, 89-1706
-
Anderson v. State, 91-0878
...sentence without statutory findings does not bar defendant from raising issue on direct appeal from sentence); King v. State, 580 So.2d 169 (Fla. 4th DCA 1991) (en banc) (upon remand from defective habitual offender sentence, trial court is free to reimpose habitual offender sentence upon c......