Dacosta v. State

District Court of Appeal of Florida

Dacosta v. State

625 So. 2d 1317, 1993 Fla. App. LEXIS 11113, 1993 WL 444972

CourtDistrict Court of Appeal of Florida

DecidedNovember 3, 1993

DocketNo. 92-2893

StatusPublished

Cited by3 cases

This text of 625 So. 2d 1317 (Dacosta v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dacosta v. State, 625 So. 2d 1317, 1993 Fla. App. LEXIS 11113, 1993 WL 444972 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

We reverse Appellant’s sentence as to count III, which the state correctly concedes must be amended to reflect a misdemeanor conviction for simple assault.

We affirm Appellant’s sentence as a habitual offender, under count I, notwithstanding the court’s failure to make the requisite statutory findings, under section 775.041(l)(a)l. and 2., Florida Statutes (1991), which the record reflects was harmless error. Herrington v. State, 622 So.2d 1339, (Fla. 4th DCA 1993) (en banc). We certify to the supreme court the same question certified in Herrington.

AFFIRMED IN PART, REVERSED IN PART AND REMANDED FOR MODIFICATION OF SENTENCE.

DELL, C.J., and STONE and WARNER, JJ., concur.

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