Taylor v. State, No. 89-1653

CourtCourt of Appeal of Florida (US)
Writing for the CourtBefore SCHWARTZ; PER CURIAM
Citation559 So.2d 385
Parties15 Fla. L. Weekly D963 Sharon TAYLOR, Appellant, v. The STATE of Florida, Appellee.
Decision Date10 April 1990
Docket NumberNo. 89-1653

Page 385

559 So.2d 385
15 Fla. L. Weekly D963
Sharon TAYLOR, Appellant,
v.
The STATE of Florida, Appellee.
No. 89-1653.
District Court of Appeal of Florida,
Third District.
April 10, 1990.

An Appeal from the Circuit Court for Dade County; Ursula M. Ungaro, Judge.

Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Patricia Ann Ash, Asst. Atty. Gen., for appellee.

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

PER CURIAM.

As the instant offense was committed after October 1, 1988, the amended version of the habitual offender statute applied, which deleted the requirement that the trial court determine if habitual offender treatment "is necessary for the protection of the public...." Ch. 88-131, § 6, Laws of Fla.; see § 775.084(3), Fla.Stat. (Supp.1988); Robinson v. State, 551 So.2d 1240, 1241 (Fla. 1st DCA 1989). The trial court's oral findings need not be reduced 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 1982).

Affirmed.

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5 practice notes
  • Power v. State, No. 89-1548
    • United States
    • Court of Appeal of Florida (US)
    • October 18, 1990
    ...an habitual offender determination survived the 1988 amendment. 3 Johnson v. State, 564 So.2d 1174 (Fla. 4th DCA 1990); Taylor v. State, 559 So.2d 385 (Fla. 3d DCA 1990). These findings need Page 512 not be reduced to writing as long as they are made in a reported judicial proceeding. Parke......
  • Johnson v. State, No. 89-2650
    • United States
    • Court of Appeal of Florida (US)
    • August 8, 1990
    ...the statute's effective date, no longer requires the judge to determine that the defendant is a public safety threat. Taylor v. State, 559 So.2d 385 (Fla. 3d DCA 1990). The new statute specifies that the court may enhance a defendant's punishment for the current offense if it finds that the......
  • Thompson v. State, No. 90-2376
    • United States
    • Court of Appeal of Florida (US)
    • September 10, 1991
    ...offender sentence is necessary for the protection of the public. Johnson v. State, 564 So.2d 569 (Fla. 3d DCA 1990); Taylor v. State, 559 So.2d 385 (Fla. 3d DCA 1990); Arnold v. State, 566 So.2d 37 (Fla. 2d DCA 1990), review denied, 576 So.2d 284 (Fla.1991). Accordingly, we find no merit in......
  • Johnson v. State, No. 89-2261
    • United States
    • Court of Appeal of Florida (US)
    • July 17, 1990
    ...Florida, the appellant's contention that the extended sentence imposed by the court was defective is without merit. See Taylor v. State, 559 So.2d 385 (Fla. 3d DCA 1990); Robinson v. State, 551 So.2d 1240, 1241 (Fla. 1st DCA Affirmed. ...
  • Request a trial to view additional results
5 cases
  • Power v. State, No. 89-1548
    • United States
    • Court of Appeal of Florida (US)
    • October 18, 1990
    ...an habitual offender determination survived the 1988 amendment. 3 Johnson v. State, 564 So.2d 1174 (Fla. 4th DCA 1990); Taylor v. State, 559 So.2d 385 (Fla. 3d DCA 1990). These findings need Page 512 not be reduced to writing as long as they are made in a reported judicial proceeding. Parke......
  • Johnson v. State, No. 89-2650
    • United States
    • Court of Appeal of Florida (US)
    • August 8, 1990
    ...the statute's effective date, no longer requires the judge to determine that the defendant is a public safety threat. Taylor v. State, 559 So.2d 385 (Fla. 3d DCA 1990). The new statute specifies that the court may enhance a defendant's punishment for the current offense if it finds that the......
  • Thompson v. State, No. 90-2376
    • United States
    • Court of Appeal of Florida (US)
    • September 10, 1991
    ...offender sentence is necessary for the protection of the public. Johnson v. State, 564 So.2d 569 (Fla. 3d DCA 1990); Taylor v. State, 559 So.2d 385 (Fla. 3d DCA 1990); Arnold v. State, 566 So.2d 37 (Fla. 2d DCA 1990), review denied, 576 So.2d 284 (Fla.1991). Accordingly, we find no merit in......
  • Johnson v. State, No. 89-2261
    • United States
    • Court of Appeal of Florida (US)
    • July 17, 1990
    ...Florida, the appellant's contention that the extended sentence imposed by the court was defective is without merit. See Taylor v. State, 559 So.2d 385 (Fla. 3d DCA 1990); Robinson v. State, 551 So.2d 1240, 1241 (Fla. 1st DCA Affirmed. ...
  • Request a trial to view additional results

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