Pevey v. State

District Court of Appeal of Florida

Pevey v. State

605 So. 2d 1345, 1992 Fla. App. LEXIS 11227, 1992 WL 301836

CourtDistrict Court of Appeal of Florida

DecidedOctober 23, 1992

DocketNo. 91-01085

StatusPublished

This text of 605 So. 2d 1345 (Pevey 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.

Bluebook

Pevey v. State, 605 So. 2d 1345, 1992 Fla. App. LEXIS 11227, 1992 WL 301836 (Fla. Ct. App. 1992).

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Opinion

FRANK, Acting Chief Judge.

We affirm Pevey’s convictions for burglary of a dwelling and grand theft. We also reject his challenges on constitutional grounds to the habitual violent felony offender statute. We remand this case for resentencing, however. Although the requisites for habitual violent felony offender statute appear to have been met, the record does not reflect that the trial judge ever made specific findings in that regard. See Rowland v. State, 583 So.2d 813 (Fla. 2d DCA 1991).

We affirm Pevey’s convictions but remand for resentencing. If the trial court again determines to impose a habitual violent felony offender sentence, the pertinent portions of Chapter 775 are to be satisfied.

THREADGILL and BLUE, JJ., concur.

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FRANK, Acting Chief Judge.

We affirm Pevey’s convictions for burglary of a dwelling and grand theft. We also reject his challenges on constitutional grounds to the habitual violent felony offender statute. We remand this case for resentencing, however. Although the requisites for habitual violent felony offender statute appear to have been met, the record does not reflect that the trial judge ever made specific findings in that regard. See Rowland v. State, 583 So.2d 813 (Fla. 2d DCA 1991).

We affirm Pevey’s convictions but remand for resentencing. If the trial court again determines to impose a habitual violent felony offender sentence, the pertinent portions of Chapter 775 are to be satisfied.

THREADGILL and BLUE, JJ., concur.

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Bluebook (online)

605 So. 2d 1345, 1992 Fla. App. LEXIS 11227, 1992 WL 301836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pevey-v-state-fladistctapp-1992.

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