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Roy v. State

District Court of Appeal of Florida, Second District
Aug 30, 1989
547 So. 2d 1292 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-03016.

August 30, 1989.

Appeal from the Circuit Court for Hillsborough County; Barbara Fleischer, Acting Circuit Judge.

James Marion Moorman, Public Defender, and Jennifer Y. Fogle, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.


Appellant's conviction for grand theft is affirmed. However, because the trial court failed to provide specific findings of fact to justify an enhanced sentence under section 775.084, Florida Statutes (1987), we must remand for resentencing. See, e.g., Wright v. State, 476 So.2d 325 (Fla. 2d DCA 1985). If, after remand, the trial court finds that the enhanced sentence is necessary for the protection of the public, it should state with particularity the basis for its finding.

Contrary to the assertion in appellant's brief, any such findings do not necessarily have to be in writing so long as they are included in the record of a reported judicial proceeding. Parker v. State, 546 So.2d 727 (Fla. 1989); Eutsey v. State, 383 So.2d 219 (Fla. 1980).

Affirmed in part, reversed in part, and remanded with instructions.

CAMPBELL, C.J., and SCHEB and SCHOONOVER, JJ., concur.


Summaries of

Roy v. State

District Court of Appeal of Florida, Second District
Aug 30, 1989
547 So. 2d 1292 (Fla. Dist. Ct. App. 1989)
Case details for

Roy v. State

Case Details

Full title:PAUL R. ROY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Aug 30, 1989

Citations

547 So. 2d 1292 (Fla. Dist. Ct. App. 1989)