Brown v. State

ON MOTION FOR REHEARING

SHARP, Judge.

We grant Brown’s motion for rehearing in this case in view of State v. Rhoden, 448 So.2d 1013 (Fla.1984), and Weston v. State, *1080452 So.2d 95 (Fla. 1st DCA 1984), and vacate our per curiam affirmance, 456 So.2d 1194 (Fla.App.1984). Brown argues the trial court erred in sentencing him as a habitual offender because it failed to make a finding that an enhanced sentence is necessary to protect the public, as is required by section 775.084(8), Fla.Stat. (1983).1 No contemporaneous objection was made by defense counsel.

In Rhoden, the trial court failed to…