580 SO2D 169 - King v. State

How this case has been cited

Cited by 21 later decisions — most recently May 2015

21 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Richard L. Jorandby, Public Defender, and Jeffrey L. Anderson, Asst. Public Defender, West Palm Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3

ON REHEARING EN BANC

¶4PER CURIAM.

¶5We 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).

¶6REVERSED AND REMANDED FOR RESENTENCING.

¶7HERSEY, C.J., and DOWNEY, ANSTEAD, LETTS, GLICKSTEIN, DELL, GUNTHER, STONE, WARNER, POLEN and GARRETT, JJ., concur.