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423 So. 2d 986

Scott v. State

District Court of Appeal of Florida

Decided December 28, 1982

District Court of Appeal of Florida · decided 1982-12-28

Relies on Wolfer v. George Hyman Construction Co.

Decided 1982-12-28

PER CURIAM.

¶1Appellant having failed to demonstrate reversible error in the trial proceedings, the judgments of conviction and sentence for burglary and theft are affirmed. The sentence was enhanced pursuant to Section 775.084(4), Florida Statutes (1979) and is supported only by the oral finding that “this is necessary for the protection of society”, which finding is woefully short of what is required by the statute. Ruiz v. State, 407 So.2d 1042 (Fla. 3d DCA 1981). We reverse the enhanced portion of the sentence and remand for further findings and resentencing in accordance with this opinion.

¶2Affirmed in part, reversed in part, and remanded.

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