Whitehurst v. State

District Court of Appeal of Florida

Whitehurst v. State

557 So. 2d 195, 1990 Fla. App. LEXIS 1101, 1990 WL 15908

CourtDistrict Court of Appeal of Florida

DecidedFebruary 21, 1990

DocketNo. 88-03207

StatusPublished

This text of 557 So. 2d 195 (Whitehurst 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

Whitehurst v. State, 557 So. 2d 195, 1990 Fla. App. LEXIS 1101, 1990 WL 15908 (Fla. Ct. App. 1990).

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Opinion

SCHEB, Acting Chief Judge.

The defendant, Anthony Lewett White-hurst, appeals his judgments and sentences of trespass on property after warning, a violation of section 810.09(l)(b), Florida Statutes (1987), and petit theft, a second-degree misdemeanor, section 812.014(l)(d) Florida Statutes (1987). He raises two issues on appeal, only one of which has merit.

At the sentencing hearing, it was alleged that the defendant had been convicted of at least one prior petit theft. The trial court accordingly enhanced the defendant’s penalty pursuant to section 812.014(l)(d), Florida Statutes (1987), and sentenced him to six months in county jail. The defendant argues that no evidence of a previous theft conviction was introduced, thereby rendering his enhanced sentence improper. We agree.

We affirm the defendant’s' convictions but remand for resentencing. If, on remand, the state introduces suitable proof of a prior conviction, the trial court may again impose an enhanced sentence. Otherwise, the court shall modify the first-degree misdemeanor adjudication to a second-degree misdemeanor and resentence the defendant to a term not to exceed the second-degree misdemeanor penalty of sixty days. § 775.082(4)(b), Fla.Stat. (1987).

LEHAN and THREADGILL, JJ., concur.

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SCHEB, Acting Chief Judge.

The defendant, Anthony Lewett White-hurst, appeals his judgments and sentences of trespass on property after warning, a violation of section 810.09(l)(b), Florida Statutes (1987), and petit theft, a second-degree misdemeanor, section 812.014(l)(d) Florida Statutes (1987). He raises two issues on appeal, only one of which has merit.

At the sentencing hearing, it was alleged that the defendant had been convicted of at least one prior petit theft. The trial court accordingly enhanced the defendant’s penalty pursuant to section 812.014(l)(d), Florida Statutes (1987), and sentenced him to six months in county jail. The defendant argues that no evidence of a previous theft conviction was introduced, thereby rendering his enhanced sentence improper. We agree.

We affirm the defendant’s' convictions but remand for resentencing. If, on remand, the state introduces suitable proof of a prior conviction, the trial court may again impose an enhanced sentence. Otherwise, the court shall modify the first-degree misdemeanor adjudication to a second-degree misdemeanor and resentence the defendant to a term not to exceed the second-degree misdemeanor penalty of sixty days. § 775.082(4)(b), Fla.Stat. (1987).

LEHAN and THREADGILL, JJ., concur.

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Bluebook (online)

557 So. 2d 195, 1990 Fla. App. LEXIS 1101, 1990 WL 15908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitehurst-v-state-fladistctapp-1990.