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557 So. 2d 60

Thompson v. State

District Court of Appeal of Florida

Decided February 27, 1990

District Court of Appeal of Florida · decided 1990-02-27

Relies on 519 So. 2d 737 - Donaldson v. State · 525 So. 2d 992 - Watts v. State

Decided 1990-02-27

¶1ON CONFESSION OF ERROR

PER CURIAM.

¶2The defendant appeals from an extra-guidelines sentence imposed solely on the finding that Thompson was an habitual offender. As the state correctly concedes, the sentence was erroneous, both because the court failed to make an express determination that the defendant is a threat to the community as required by section 775.-084, Florida Statutes (1987), Davis v. State, 557 So.2d 60 (Fla. 3d DCA 1989); Donaldson v. State, 519 So.2d 737 (Fla. 3d DCA 1988), and because the sentence was not accompanied by written reasons — apart from the insufficient ground of habitual offender status — which justify the departure. Davis v. State, 557 So.2d 60 (Fla. 3d DCA 1989); Watts v. State, 525 So.2d 992 (Fla. 2d DCA 1988).

¶3Accordingly, the sentence is reversed and the cause is remanded for appropriate re-sentencing.

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