Brown v. State

Curtis Leroy BROWN v. The STATE of Florida

Brown v. State, 435 So. 2d 940 (Fla. Dist. Ct. App. 1983)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: August 2, 1983
Docket: No. 82-2221
Judges: Jorgenson, Nesbitt, Pearson
Citations: 435 So. 2d 9401983 Fla. App. LEXIS 20045

Cited by 3

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

ON REHEARING PER CURIAM.

The opinion of this court filed June 7, 1983, is withdrawn and the following opinion substituted therefor.

Brown’s sentence as an habitual offender is reversed and the cause is remanded to the trial court to make the requisite specific finding that such a sentence is necessary for the protection of the public from further criminal activity by the defendant, see § 775.084(4)(a), Fla.Stat. (1981); Ruiz v. State, 407 So.2d 1042 (Fla. 3d DCA 1981), or if such a finding is not supported by the record, to vacate the habitual offender sentence. We recognize this sentencing error despite the defendant’s failure to preserve the issue below. See Gonzalez v. State, 392 So.2d 334 (Fla. 3d DCA 1981); accord, Spikes v. State, 405 So.2d 430 (Fla. 3d DCA 1981); Warmble v. State, 393 So.2d 1164 (Fla. 3d DCA 1981); but see Hampton v. State, 399 So.2d 441 (Fla. 5th DCA 1981); Thomas v. State, 394 So.2d 548 (Fla. 5th DCA 1981); Jones v. State, 384 So.2d 956 (Fla. 5th DCA 1980); Smith v. State, 378 So.2d 313 (Fla. 5th DCA), approved on other grounds, 394 So.2d 407 (Fla.1980).

*941 Sentence reversed and remanded with directions.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 3 cases

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Relies on it most ⓘ

Walker v. State462 So. 2d 452 (Fla. 1985)
Roberts v. State559 So. 2d 289 (Fla. Dist. Ct. App. 1990)
Little v. State440 So. 2d 603 (Fla. Dist. Ct. App. 1983)

Most recent

Roberts v. State559 So. 2d 289 (Fla. Dist. Ct. App. 1990)
Walker v. State462 So. 2d 452 (Fla. 1985)
Little v. State440 So. 2d 603 (Fla. Dist. Ct. App. 1983)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 9

Depth	Case	Cited by
	Gonzalez v. State, 392 So. 2d 334 (Fla. Dist. Ct. App. 1981)	41
	Smith v. State, 378 So. 2d 313 (Fla. Dist. Ct. App. 1980)	29
	Jones v. State, 384 So. 2d 956 (Fla. Dist. Ct. App. 1980)	20
	Smith v. State, 394 So. 2d 407 (Fla. 1981)	19
	Spikes v. State, 405 So. 2d 430 (Fla. Dist. Ct. App. 1981)	6
	Hampton v. State, 399 So. 2d 441 (Fla. Dist. Ct. App. 1981)	4
	Thomas v. State, 394 So. 2d 548 (Fla. Dist. Ct. App. 1981)	3
	Ruiz v. State, 407 So. 2d 1042 (Fla. Dist. Ct. App. 1981)	3
	Warmble v. State, 393 So. 2d 1164 (Fla. Dist. Ct. App. 1981)	2

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