Parker v. State, 88-651

• Decision Date: 28 February 1989
• Docket Number: No. 88-651,88-651
• Citation: 14 Fla. L. Weekly 545,538 So.2d 978
• Parties: 14 Fla. L. Weekly 545 Timmie L. PARKER, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 978

538 So.2d 978

14 Fla. L. Weekly 545

Timmie L. PARKER, Appellant, v. STATE of Florida, Appellee.

No. 88-651.

District Court of Appeal of Florida, First District.

Feb. 28, 1989.

An appeal from the Circuit Court for Escambia County; William H. Anderson, Judge.

Michael E. Allen, Public Defender, and Kathleen Stover, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and A.E. Pooser, IV, Asst. Atty. Gen., Tallahassee, for appellee.

ZEHMER, Judge.

We affirm the legality of the sentence and the trial court's determination to sentence defendant, Timmie L. Parker, as an habitual offender. The sentencing court's findings of fact in support of that determination need not be stated in writing so long as such findings are stated at a reported hearing. Adams v. State, 376 So.2d 47 (Fla. 1st DCA 1979). We decline to follow the second district's decision requiring such findings to be in writing, Hoefert v. State, 509 So.2d 1090 (Fla. 2d DCA 1987), and certify direct conflict to the supreme court.

AFFIRMED.

SHIVERS and BARFIELD, JJ., concur.