Pleasant v. State

District Court of Appeal of Florida

Pleasant v. State

625 So. 2d 1233, 1993 Fla. App. LEXIS 8393, 1993 WL 303100

CourtDistrict Court of Appeal of Florida

DecidedAugust 12, 1993

DocketNo. 91-2546

StatusPublished

This text of 625 So. 2d 1233 (Pleasant 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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Pleasant v. State, 625 So. 2d 1233, 1993 Fla. App. LEXIS 8393, 1993 WL 303100 (Fla. Ct. App. 1993).

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Opinion

OPINION ON REMAND

PER CURIAM.

This court’s original decision in this case reversed appellant’s sentence as a habitual offender for failure to make sufficient findings pursuant to section 775.084(l)(a), Florida Statutes (1991), and further reversed the judgment of convictions and remanded for entry of a final judgment that conforms to the charge and jury verdict. Pleasant v. State, 609 So.2d 57 (Fla. 1st DCA 1992). On review of a certified question concerning the findings required in sentencing one as a habitual offender, the supreme court quashed our decision on this issue and remanded for further proceedings in accordance with State v. Rucker, 613 So.2d 460 (Fla.1993). Consistent with that decision, appellant’s sentence as a habitual offender is hereby AFFIRMED. The judgment of conviction must be reversed and the cause remanded, however, to permit entry of a judgment that conforms to the charge and verdict in accordance with our original decision.

No motion for rehearing will be entertained. The Clerk will issue mandate forthwith.

ZEHMER, C.J., and ERVIN and BARFIELD, JJ., concur.

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OPINION ON REMAND

PER CURIAM.

This court’s original decision in this case reversed appellant’s sentence as a habitual offender for failure to make sufficient findings pursuant to section 775.084(l)(a), Florida Statutes (1991), and further reversed the judgment of convictions and remanded for entry of a final judgment that conforms to the charge and jury verdict. Pleasant v. State, 609 So.2d 57 (Fla. 1st DCA 1992). On review of a certified question concerning the findings required in sentencing one as a habitual offender, the supreme court quashed our decision on this issue and remanded for further proceedings in accordance with State v. Rucker, 613 So.2d 460 (Fla.1993). Consistent with that decision, appellant’s sentence as a habitual offender is hereby AFFIRMED. The judgment of conviction must be reversed and the cause remanded, however, to permit entry of a judgment that conforms to the charge and verdict in accordance with our original decision.

No motion for rehearing will be entertained. The Clerk will issue mandate forthwith.

ZEHMER, C.J., and ERVIN and BARFIELD, JJ., concur.

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625 So. 2d 1233, 1993 Fla. App. LEXIS 8393, 1993 WL 303100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pleasant-v-state-fladistctapp-1993.

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