Gaines v. State

Bruce A. Gaines has appealed from sentencing as an habitual felony offender, following his conviction of grand theft. We reverse, and remand for resentencing.

At the sentencing hearing following Gaines’ conviction, the state presented certified copies of seven prior felony convictions. The trial court orally found that Gaines had prior felony convictions, section 775.084(l)(a)l., Florida Statutes, but did not find that the current felony was committed within five years of the date of conviction of the last prior felony, that Gaines had not been pardoned for any qualifying offense, nor that…