From Casetext: Smarter Legal Research

Thomas v. State

District Court of Appeal of Florida, Fourth District
Mar 18, 1992
595 So. 2d 286 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-1240.

March 18, 1992.

Appeal from the Circuit Court for St. Lucie County; Marc Cianca, Judge.

Richard L. Jorandby, Public Defender, and Barbara J. Wolfe, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dawn S. Wynn, Asst. Atty. Gen., West Palm Beach, for appellee.


We reverse the appellant's sentence as a habitual offender. The trial court failed to make the findings mandated by the statute. Rolle v. State, 586 So.2d 1293 (Fla. 4th DCA 1991); § 775.084(1)(a), Fla. Stat. (1989).

We do not address appellant's contention that the statute violates the single subject rule of the Florida constitution as the offense in question predated the amendment of the statute. Additionally, we note that the issue was apparently not raised before the trial court.

HERSEY, STONE and GARRETT, JJ., concur.


Summaries of

Thomas v. State

District Court of Appeal of Florida, Fourth District
Mar 18, 1992
595 So. 2d 286 (Fla. Dist. Ct. App. 1992)
Case details for

Thomas v. State

Case Details

Full title:ANTHONY THOMAS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 18, 1992

Citations

595 So. 2d 286 (Fla. Dist. Ct. App. 1992)

Citing Cases

Baxter v. State

In any event, he failed to lodge an objection in the trial court on the issue. Thomas v. State, 595 So.2d 286…