Toombs v. State

District Court of Appeal of Florida

Toombs v. State

605 So. 2d 952, 1992 Fla. App. LEXIS 10384, 1992 WL 240600

CourtDistrict Court of Appeal of Florida

DecidedSeptember 30, 1992

DocketNo. 92-479

StatusPublished

Cited by1 cases

This text of 605 So. 2d 952 (Toombs 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

Toombs v. State, 605 So. 2d 952, 1992 Fla. App. LEXIS 10384, 1992 WL 240600 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

Leroy Toombs has appealed an habitual offender sentence imposed after his conviction by jury of the sale of cocaine. The habitual offender statute requires that certain findings be made before the enhanced penalties afforded by that statute may be applied. § 775.084(3)(d), Fla.Stat. (1989). See Walker v. State, 462 So.2d 452 (Fla.1985); Knickerbocker v. State, 604 So.2d 876 (Fla. 1st DCA 1992); Rome v. State, 603 So.2d 723 (Fla. 1st DCA 1992). Because the trial court herein failed to make the required findings, Toombs’ sentence is reversed, and the case is remanded for resentencing.

JOANOS, C.J., and ALLEN and WOLF, JJ., concur.

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PER CURIAM.

Leroy Toombs has appealed an habitual offender sentence imposed after his conviction by jury of the sale of cocaine. The habitual offender statute requires that certain findings be made before the enhanced penalties afforded by that statute may be applied. § 775.084(3)(d), Fla.Stat. (1989). See Walker v. State, 462 So.2d 452 (Fla.1985); Knickerbocker v. State, 604 So.2d 876 (Fla. 1st DCA 1992); Rome v. State, 603 So.2d 723 (Fla. 1st DCA 1992). Because the trial court herein failed to make the required findings, Toombs’ sentence is reversed, and the case is remanded for resentencing.

JOANOS, C.J., and ALLEN and WOLF, JJ., concur.

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Bluebook (online)

605 So. 2d 952, 1992 Fla. App. LEXIS 10384, 1992 WL 240600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toombs-v-state-fladistctapp-1992.

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