State v. Anderson

SHAW, Justice.

We have for review Anderson v. State, 592 So.2d 1119 (Fla. 1st DCA 1991), wherein the court certified the following question:

Does the holding in Eutsey v. State, 383 So.2d 219 (Fla.1980), that the state has no burden of proof as to whether the convictions necessary for habitual felony offender sentencing have been pardoned or set aside, in that they are “affirmative defenses available to [a defendant],” *466Eutsey at 226, relieve the trial court of its statutory obligation to make findings regarding those factors, if the defendant does not affirmatively raise, as a defense, that the…