Parker v. State

District Court of Appeal of Florida

Parker v. State

538 So. 2d 978, 14 Fla. L. Weekly 545, 1989 Fla. App. LEXIS 956, 1989 WL 15934

CourtDistrict Court of Appeal of Florida

DecidedFebruary 28, 1989

DocketNo. 88-651

StatusPublished

Cited by1 cases

This text of 538 So. 2d 978 (Parker 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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Parker v. State, 538 So. 2d 978, 14 Fla. L. Weekly 545, 1989 Fla. App. LEXIS 956, 1989 WL 15934 (Fla. Ct. App. 1989).

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Opinion

ZEHMER, Judge.

We affirm the legality of the sentence and the trial court’s determination to sentence defendant, Timmie L. Parker, as an habitual offender. The sentencing court’s findings of fact in support of that determination need not be stated in writing so long as such findings are stated at a reported hearing. Adams v. State, 376 So.2d 47 (Fla. 1st DCA 1979). We decline to follow the second district’s decision requiring such findings to be in writing, Hoefert v. State, 509 So.2d 1090 (Fla. 2d DCA 1987), and certify direct conflict to the supreme court.

AFFIRMED.

SHIVERS and BARFIELD, JJ., concur.

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ZEHMER, Judge.

We affirm the legality of the sentence and the trial court’s determination to sentence defendant, Timmie L. Parker, as an habitual offender. The sentencing court’s findings of fact in support of that determination need not be stated in writing so long as such findings are stated at a reported hearing. Adams v. State, 376 So.2d 47 (Fla. 1st DCA 1979). We decline to follow the second district’s decision requiring such findings to be in writing, Hoefert v. State, 509 So.2d 1090 (Fla. 2d DCA 1987), and certify direct conflict to the supreme court.

AFFIRMED.

SHIVERS and BARFIELD, JJ., concur.

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538 So. 2d 978, 14 Fla. L. Weekly 545, 1989 Fla. App. LEXIS 956, 1989 WL 15934, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-state-fladistctapp-1989.

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