Legal Opinion
Brown v. State
District Court of Appeal of Florida
Decided August 2, 1983No. 82-2221PublishedCited by 3 opinions
1Opinion of the Court
ON REHEARING
2Per curiam
The opinion of this court filed June 7, 1983, is withdrawn and the following opinion substituted therefor.
Brown’s sentence as an habitual offender is reversed and the cause is remanded to the trial court to make the requisite specific finding that such a sentence is necessary for the protection of the public from further criminal activity by the defendant, see § 775.084(4)(a), Fla.Stat. (1981); Ruiz v. State, 407 So.2d 1042 (Fla. 3d DCA 1981), or if such a finding is not supported by the record, to vacate the habitual offender sentence. We recognize this sentencing error despite…
3Cases cited9 opinions
- Gonzalez v. StateDistrict Court of Appeal of Florida · 1981
- Smith v. StateDistrict Court of Appeal of Florida · 1980
- Jones v. StateDistrict Court of Appeal of Florida · 1980
- Smith v. StateSupreme Court of Florida · 1981
- Spikes v. StateDistrict Court of Appeal of Florida · 1981
4 more not listed; retrieve them via the Exa API.
4Cited by3 opinions
- Walker v. StateSupreme Court of Florida · 1985
- Roberts v. StateDistrict Court of Appeal of Florida · 1990
- Little v. StateDistrict Court of Appeal of Florida · 1983