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609 So. 2d 630

Crosby v. State

District Court of Appeal of Florida

Decided September 2, 1992

District Court of Appeal of Florida · decided 1992-09-02

Cited by 2 later decisions — most recently May 2000

2 state decisions

Relies on Van Bryant v. State · 605 So. 2d 141 - Wilson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-09-02

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LETTS, Judge.

¶1Once again, the validity of classification as a habitual felony offender under section 775.084, Florida Statutes (1991), is called into question because the trial court failed to make the requisite findings mandated by the statute. We reverse.

¶2In the case at bar, certified copies of the prior felony convictions were introduced at the sentencing hearing without objection. Nonetheless, this does not result in a waiver of the statutory requirements. Simultaneously with the release of this case, our court has issued Wilson v. State, 605 So.2d 141 (Fla. 4th DCA 1992), which rejects the effectiveness of a waiver. It is true, however, that our Wilsonopinion is somewhat critical of the state of the law. Nonetheless, we must follow it.

¶3We certify the same question which we asked of our Supreme Court in Wilsonand in Van Bryant v. State, 602 So.2d 582 (Fla. 4th DCA 1992).

¶4This cause is hereby reversed and remanded for resentencing. On remand, after making the requisite findings supported by evidence, the defendant may again be sentenced as a habitual offender.

¶5We find no merit to the remaining point on appeal.

¶6REVERSED AND REMANDED.

DELL and GUNTHER, JJ., concur.
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