Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

BERTRAM KING, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

ON REHEARING EN BANC

PER CURIAM.

We reverse appellant's habitual offender sentence on the authority of Mitchell v. State, 547 So.2d 311 (Fla. 4th DCA 1989) and remand for resentencing. The trial judge failed to make factual findings required by section 775.084, Florida Statutes (1987). At the resentencing, the trial court may again consider whether the habitual offender statute should be applied to appellant. Meehan v. State, 526 So.2d 1083 (Fla. 4th DCA 1988). We recede from Pollard v. State, 561 So.2d 29 (Fla. 4th DCA 1990) to the extent that it conflicts with this opinion. The factual findings need not be reduced to writing as long as they are made in a reported judicial proceeding. Parker v. State, 546 So.2d 727 (Fla. 1989).

REVERSED AND REMANDED FOR RESENTENCING.

HERSEY, C.J., and DOWNEY, ANSTEAD, LETTS, GLICKSTEIN, DELL, GUNTHER, STONE, WARNER, POLEN and GARRETT, JJ., concur.

Use AI to get other relevant cases.

Comments

KING v. STATE
(Mar 6, 1991)