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Pope v. State

District Court of Appeal of Florida, Second District
Sep 25, 1985
475 So. 2d 1021 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-2650.

September 25, 1985.

Appeal from the Circuit Court for Polk County, Edward F. Threadgill, J.

James Marion Moorman, Public Defender, and William H. Pasch, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Gary O. Welch, Asst. Atty. Gen., Tampa, for appellee.


Defendant contends that his enhanced sentence as an habitual offender following his conviction for grand theft was erroneous because the trial court made no finding that the enhanced sentence was necessary to protect the public as required by section 775.04(3), Florida Statutes (1983). We agree. See Walker v. State, 462 So.2d 452 (Fla. 1985); Brown v. State, 457 So.2d 1079 (Fla. 5th DCA 1984).

We find no merit in defendant's remaining contention. See Rasul v. State, 465 So.2d 535 (Fla. 2d DCA 1985); McCuiston v. State, 462 So.2d 830 (Fla. 2d DCA 1985).

Reversed and remanded for resentencing.

GRIMES, A.C.J., and FRANK, J., concur.


Summaries of

Pope v. State

District Court of Appeal of Florida, Second District
Sep 25, 1985
475 So. 2d 1021 (Fla. Dist. Ct. App. 1985)
Case details for

Pope v. State

Case Details

Full title:DENNIS L. POPE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Sep 25, 1985

Citations

475 So. 2d 1021 (Fla. Dist. Ct. App. 1985)