Dacosta v. State

Full title: MARK DACOSTA, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Nov 3, 1993

625 So. 2d 1317 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-2893.

November 3, 1993.

Appeal from the Circuit Court for Broward County; Howard M. Zeidwig, Judge.

Richard L. Jorandby, Public Defender, and Robert Friedman, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We reverse Appellant's sentence as to count III, which the state correctly concedes must be amended to reflect a misdemeanor conviction for simple assault.

We affirm Appellant's sentence as a habitual offender, under count I, notwithstanding the court's failure to make the requisite statutory findings, under section 775.041[ 775.084(1)(a)] 1. and 2., Florida Statutes (1991), which the record reflects was harmless error. Herrington v. State, 622 So.2d 1339, (Fla. 4th DCA 1993) ( en banc). We certify to the supreme court the same question certified in Herrington.

AFFIRMED IN PART, REVERSED IN PART AND REMANDED FOR MODIFICATION OF SENTENCE.

DELL, C.J., and STONE and WARNER, JJ., concur.