Pinacle v. State

Decision Date02 January 1991
Docket NumberNo. 90-64,90-64
Citation16 Fla. L. Weekly 107,573 So.2d 925
Parties16 Fla. L. Weekly 107 Michael PINACLE, Appellant, v. The STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

An Appeal from the Circuit Court for Dade County; Phillip W. Knight, Judge.

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Joan L. Greenberg, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and COPE, JJ.

PER CURIAM.

As correctly agreed to by the state, the habitual offender sentence imposed below is vacated solely upon the ground that the trial court failed, as is required under the applicable statute, section 775.084, Florida Statutes (1987), 1 to make specific findings of fact showing that an enhanced prison term is required for the protection of the public. Moreno v. State, 550 So.2d 1172 (Fla. 3d DCA 1989). The cause is remanded for resentencing in accordance with Moreno. There is no merit in the appellant's other contentions on appeal.

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