Proctor v. State

Appellant, Ernest Proctor, appeals his sentence for burglary of a conveyance and petit theft. We affirm in part, and reverse in part.

Appellant contends that the trial court erred in sentencing him as a habitual felony offender because the evidence at the sentencing hearing failed to establish that such sentencing was necessary for the protection of the public. Appellant also contends that the trial court erred in assessing costs against him.

Appellant was convicted of offenses committed after October 1, 1988, the effective date of chapter 88-131, section 6, Laws of Florida. That legislation…