Levy v. State
This text of 375 So. 2d 606 (Levy 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.
Opinion
Warren Levy brings this appeal to challenge his sentencing as an habitual offender. The record does not reflect that a finding was made that the sentencing of Levy as an habitual offender was necessary for the protection of the public. It is required that this finding be made on the record before one may be sentenced as an habitual offender. Ibbitson v. State, 366 So.2d 499 (Fla.2d DCA 1979); Grimmett v. State, 357 So.2d 461 (Fla.2d DCA 1979). Consequently, we vacate the sentence and remand this matter to the trial court for a new sentencing hearing.
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Cite This Page — Counsel Stack
375 So. 2d 606, 1979 Fla. App. LEXIS 15579, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levy-v-state-fladistctapp-1979.