Gainey v. State

RYDER, Judge.

Appellant invites us to recede from our opinion in Hoefert v. State, 509 So.2d 1090 (Fla. 2d DCA 1987), which was followed in Sims v. State, 513 So.2d 671 (Fla. 2d DCA 1987), Washington v. State, 508 So.2d 565 (Fla. 2d DCA 1987) and Smith v. Wainwright, 508 So.2d 768 (Fla. 2d DCA 1987). We decline appellant’s invitation. We note conflict with the fifth district’s decision in Neeley v. State, 498 So.2d 690 (Fla. 5th DCA 1986).

Appellant also argues that the trial court did not comply with the specific findings requirement of section 775.084, Florida Statutes (1985), as outlined in…