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Rowe v. State

District Court of Appeal of Florida, Second District
May 15, 1991
579 So. 2d 142 (Fla. Dist. Ct. App. 1991)

Summary

In Rowe v. State, 579 So.2d 142 (Fla. 2d DCA), rev. denied, 589 So.2d 292 (Fla. 1991), we affirmed appellant's conviction of robbery by force but reversed and remanded his habitual offender sentence for failure of the trial judge to make the necessary findings pursuant to section 775.084, Florida Statutes (1987).

Summary of this case from Rowe v. State

Opinion

No. 89-02582.

March 22, 1991. Rehearing Denied May 15, 1991.

Appeal from the Circuit Court for Pinellas County; Horace A. Andrews, Judge.

Joseph Edward Rowe, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Elaine L. Thompson, Asst. Atty. Gen., Tampa, for appellee.


Joseph Edward Rowe was convicted of robbery by force and sentenced as a habitual offender. He raises several issues directed at his conviction and sentence. We affirm his conviction without discussion. Regarding his classification as a habitual offender, Mr. Rowe correctly observes that the trial court improperly enhanced his sentence under the applicable habitual offender statute, section 775.084, Florida Statutes (1987), without finding that the enhanced sentence was necessary for the protection of the public.

Affirmed in part, reversed, and remanded for resentencing. On remand, the trial court may again impose a habitual offender sentence if the proper findings are made.

CAMPBELL, A.C.J., and PARKER and ALTENBERND, JJ., concur.


Summaries of

Rowe v. State

District Court of Appeal of Florida, Second District
May 15, 1991
579 So. 2d 142 (Fla. Dist. Ct. App. 1991)

In Rowe v. State, 579 So.2d 142 (Fla. 2d DCA), rev. denied, 589 So.2d 292 (Fla. 1991), we affirmed appellant's conviction of robbery by force but reversed and remanded his habitual offender sentence for failure of the trial judge to make the necessary findings pursuant to section 775.084, Florida Statutes (1987).

Summary of this case from Rowe v. State
Case details for

Rowe v. State

Case Details

Full title:JOSEPH EDWARD ROWE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: May 15, 1991

Citations

579 So. 2d 142 (Fla. Dist. Ct. App. 1991)

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