Whaley v. State

District Court of Appeal of Florida

Whaley v. State

382 So. 2d 802, 1980 Fla. App. LEXIS 16544

CourtDistrict Court of Appeal of Florida

DecidedApril 11, 1980

DocketNo. PP-387

StatusPublished

Cited by3 cases

This text of 382 So. 2d 802 (Whaley 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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Whaley v. State, 382 So. 2d 802, 1980 Fla. App. LEXIS 16544 (Fla. Ct. App. 1980).

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Opinion

PER CURIAM.

Whaley appeals his sentence of 30 years imposed under the enhanced penalty statute, raising the procedural issue that the trial court failed to specifically find from a preponderance of the evidence that it was necessary for the protection of the public to sentence the appellant to an extended term. Upon consideration of the record and precedent on this point, we conclude such a finding is required. § 775.084(3) and (3)(d), Fla.Stat. (1979); Levy v. State, 375 So.2d 606 (Fla. 2d DCA 1979); Grimmett v. State, 357 So.2d 461 (Fla. 2d DCA 1978). See Adams v. State, 376 So.2d 47, 58-59 (Fla. 1st DCA 1979); Fry v. State, 359 So.2d 584 (Fla. 2d DCA 1978). The sentence is therefore vacated and the cause remanded for appropriate findings and imposition of sentence accordingly.

McCORD, LARRY G. SMITH and WENTWORTH, JJ., concur.

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PER CURIAM.

Whaley appeals his sentence of 30 years imposed under the enhanced penalty statute, raising the procedural issue that the trial court failed to specifically find from a preponderance of the evidence that it was necessary for the protection of the public to sentence the appellant to an extended term. Upon consideration of the record and precedent on this point, we conclude such a finding is required. § 775.084(3) and (3)(d), Fla.Stat. (1979); Levy v. State, 375 So.2d 606 (Fla. 2d DCA 1979); Grimmett v. State, 357 So.2d 461 (Fla. 2d DCA 1978). See Adams v. State, 376 So.2d 47, 58-59 (Fla. 1st DCA 1979); Fry v. State, 359 So.2d 584 (Fla. 2d DCA 1978). The sentence is therefore vacated and the cause remanded for appropriate findings and imposition of sentence accordingly.

McCORD, LARRY G. SMITH and WENTWORTH, JJ., concur.

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382 So. 2d 802, 1980 Fla. App. LEXIS 16544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whaley-v-state-fladistctapp-1980.

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