Arnold v. State

ALLEN, Judge.

Arnold appeals from the trial court’s imposition of a habitual violent felony offender sentence, arguing that the trial court failed to make the necessary findings under the statute. See Jones v. State, 606 So.2d 709 (Fla. 1st DCA 1992). Because the trial court failed to make the finding *22specified at section 775.084(l)(b)(4), Florida Statutes (1989), that the predicate conviction had not been set aside, and because Arnold did not waive the requirement for this finding, we vacate the sentence and remand for resentencing.

Arnold stipulated at sentencing that the requirements of…