Opinion
No. 88-2513.
April 4, 1989.
An Appeal from the Circuit Court for Dade County; Harold Solomon, Judge.
Bennett H. Brummer, Public Defender and Rosa C. Figarola, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., Jacqueline M. Valdespino, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.
ON CONFESSION OF ERROR
The trial judge sentenced Robinson to a within-the-guidelines sentence of ten years in prison. Because it was assessed for the third degree felony of theft of a motor vehicle, however, the term is sustainable only if the sentence is enhanced under the habitual offender act. Although the trial court, upon ample evidence, orally announced that conclusion, Robinson argues and the state concedes that the findings required to support a determination of habitual offender status must be in writing. Walker v. State, 462 So.2d 452 (Fla. 1985); Stanley v. State, 538 So.2d 1390 (Fla. 3d DCA 1989); Link v. State, 537 So.2d 696 (Fla. 3d DCA 1989). The sentence under review is therefore vacated and the cause remanded for the purpose of supplying the required written findings.