Taylor v. State, 89-1653
| Citation | 559 So.2d 385 |
| Decision Date | 10 April 1990 |
| Docket Number | No. 89-1653,89-1653 |
| Parties | 15 Fla. L. Weekly D963 Sharon TAYLOR, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
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.
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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Thompson v. State, 90-2376
...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......
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Power v. State, 89-1548
...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 not be reduced to writing as long as they are made in a reported judicial proceeding. Parker v. Stat......
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Johnson v. State, 89-2650
...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......
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Proctor v. State, 89-2950
...habitual offender treatment "is necessary for the protection of the public". § 775.084(3), Fla.Stat. (Supp.1988); see Taylor v. State, 559 So.2d 385 (Fla. 3d DCA 1990). We find that the trial court met all the statutory requirements in sentencing appellant as a habitual felony offender. Acc......