Porter v. State

The defendant appeals his sentence of five years in prison for grand theft. He argues the trial court erred in enhancing his sentence to a prison term without a jury finding that he was a “danger to the community,” pursuant to section 775.082(10), Florida Statutes (2010). We disagree and affirm.

The State charged the defendant with grand theft and uttering a worthless check to a general contractor.1 The jury found the defendant guilty of both charges. The defendant scored 14.7 points, consisting of the current charge and a record of five prior convictions for felony worthless check, four for…