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608 So. 2d 137

Wesley v. State

District Court of Appeal of Florida

Decided November 12, 1992

District Court of Appeal of Florida · decided 1992-11-12

Relies on 598 So. 2d 1063 - Smith v. State · 595 So. 2d 22 - State v. Barnes · Van Bryant v. State

Decided 1992-11-12

PER CURIAM.

¶1The trial court did not err when, on remand, it resentenced appellant as a habitual felony offender. See State v. Barnes, 595 So.2d 22 (Fla.1992); Smith v. State, 598 So.2d 1063 (Fla.1992). However, we must reverse appellant’s sentence because the trial court failed to determine and make the requisite findings that appellant’s prior convictions had not been pardoned nor set aside. See Van Bryant v. State, 602 So.2d 582 (Fla. 4th DCA1992).

¶2Accordingly, we reverse appellant’s sentence as a habitual offender and remand this cause to the trial court for resentenc-ing. On remand, upon making the requisite findings supported by evidence, the trial court may again sentence appellant as a habitual felony offender.

¶3REVERSED and REMANDED.

HERSEY, DELL and FARMER, JJ„ concur.
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