Davis v. State

RYDER, Judge.

Appellant raises four points on appeal. We find merit in two. First, appellant contends that the trial court improperly sentenced appellant as an habitual offender. We agree. The court’s reference to appellant’s prior convictions did not in and of itself show that the public was at risk absent an extended sentence. “Refer*1156ence to appellant’s ‘continuing criminal activity’ is inadequate without additional analysis or findings of fact in support thereof.” Sims v. State, 487 So.2d 37 (Fla. 2d DCA 1986).

Second, appellant contends the trial court erred in using habitual offender status…