Legal Opinion

Pope v. State

District Court of Appeal of Florida

Decided September 25, 1985No. 84-2650PublishedCited by 1 opinion

1Opinion of the Court

LEHAN, Judge.

Defendant contends that his enhanced sentence as an habitual offender following his conviction for grand theft was erroneous because the trial court made no finding that the enhanced sentence was necessary to protect the public as required by section 775.04(3), Florida Statutes (1983). We agree. See Walker v. State, 462 So.2d 452 (Fla.1985); Brown v. State, 457 So.2d 1079 (Fla. 5th DCA 1984).

We find no merit in defendant’s remaining contention. See Rasul v. State, 465 So.2d 535 (Fla. 2d DCA 1985); McCuiston v. State, 462 So.2d 830 (Fla. 2d DCA 1985).

Reversed and remanded for…

2Cases cited4 opinions

  1. Walker v. StateSupreme Court of Florida · 1985
  2. McCuiston v. StateDistrict Court of Appeal of Florida · 1984
  3. Rasul v. StateDistrict Court of Appeal of Florida · 1985
  4. Brown v. StateDistrict Court of Appeal of Florida · 1984

3Cited by1 opinion

  1. Ellis v. StateDistrict Court of Appeal of Florida · 1985

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