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435 So. 2d 940

Brown v. State

District Court of Appeal of Florida · decided 1983-08-02

Cited by 3 later decisions — most recently March 1990

3 state decisions

Key passage — most relied on by later courts

“trial court to make the requisite finding that such a sentence is necessary for the protection of the public from further criminal activity by the defendant”

quoted by 1 later decision, including 462 So. 2d 452 - Walker v. State

Relies on 392 So. 2d 334 - Gonzalez v. State · Smith v. State · 384 So. 2d 956 - Jones v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1983-08-02

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¶1ON REHEARING

PER CURIAM.

¶2The opinion of this court filed June 7, 1983, is withdrawn and the following opinion substituted therefor.

¶3Brown’s sentence as an habitual offender is reversed and the cause is remanded to the trial court to make the requisite specific finding that such a sentence is necessary for the protection of the public from further criminal activity by the defendant, see § 775.084(4)(a), Fla.Stat. (1981); Ruiz v. State, 407 So.2d 1042 (Fla. 3d DCA 1981), or if such a finding is not supported by the record, to vacate the habitual offender sentence. We recognize this sentencing error despite the defendant’s failure to preserve the issue below. See Gonzalez v. State, 392 So.2d 334 (Fla. 3d DCA 1981); accord, Spikes v. State, 405 So.2d 430 (Fla. 3d DCA 1981); Warmble v. State, 393 So.2d 1164 (Fla. 3d DCA 1981); but see Hampton v. State, 399 So.2d 441 (Fla. 5th DCA 1981); Thomas v. State, 394 So.2d 548 (Fla. 5th DCA 1981); Jones v. State, 384 So.2d 956 (Fla. 5th DCA 1980); Smith v. State, 378 So.2d 313 (Fla. 5th DCA), approved on other grounds, 394 So.2d 407 (Fla.1980).

¶4*941Sentence reversed and remanded with directions.

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