Rodriguez v. State, 88-2062

Decision Date09 May 1989
Docket NumberNo. 88-2062,88-2062
Citation542 So.2d 1064,14 Fla. L. Weekly 1132
Parties14 Fla. L. Weekly 1132 Manuel RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

An Appeal from the Circuit Court for Dade County; Arthur I. Snyder, Judge.

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Jacqueline M. Valdespino, Asst. Atty. Gen., for appellee.

Before FERGUSON, JORGENSON and COPE, JJ.

PER CURIAM.

In identifying a defendant as an habitual offender for the purpose of an enhanced sentence, the court must make specific findings of fact, in writing, as to why it is necessary for the protection of the public to impose an extended term of imprisonment. § 775.084, Fla.Stat. (1987); Scott v. State, 423 So.2d 986 (Fla. 3d DCA 1982).

The sentence is reversed and the cause is remanded for further consistent proceedings.

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2 cases
  • Taylor v. State, 89-1653
    • United States
    • Florida District Court of Appeals
    • April 10, 1990
    ...to writing and were otherwise sufficient. See Parker v. State, 546 So.2d 727, 729 (Fla.1989), overruling sub silentio Rodriguez v. State, 542 So.2d 1064 (Fla. 3d DCA 1989), and Scott v. State, 423 So.2d 986 (Fla. 3d DCA Affirmed. ...
  • Moreno v. State
    • United States
    • Florida District Court of Appeals
    • October 24, 1989
    ...court on the record; such findings need not be reduced to writing. Parker v. State, 546 So.2d 727 (Fla.1989); contra Rodriguez v. State, 542 So.2d 1064 (Fla. 3d DCA 1989) (implicit ly overruled by Parker The final judgments of conviction under review are affirmed; the sentences under review......

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