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McKnight v. State

District Court of Appeal of Florida, Second District
Mar 11, 1992
595 So. 2d 1059 (Fla. Dist. Ct. App. 1992)

Opinion

No. 90-03255.

March 11, 1992.

Appeal from the Circuit Court, Hillsborough County, Harry Lee Coe, III, J.

James Marion Moorman, Public Defender, and John S. Lynch, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Elaine L. Thompson, Asst. Atty. Gen., Tampa, for appellee.


Although we find no merit in appellant's contention that it was error to impose probation in sentencing him under the habitual offender statute, King v. State, No. 91-00036, 597 So.2d 309 (Fla. 2d DCA 1992), we must reverse and remand for further proceedings. The appellant waived presentation of the presentence investigation report but did ask that certified copies of the prior convictions be placed in the court file. The record does not indicate that certified copies of the prior convictions were produced, and therefore, there is no indication that the trial court made the required findings concerning prior convictions. See West v. State, 583 So.2d 394 (Fla. 2d DCA 1991). We, accordingly, remand so that the trial court may either make the required findings or, if the requisite prior convictions do not exist, resentence him.

Reversed and remanded with instructions.

SCHOONOVER, C.J., and THREADGILL and HALL, JJ., concur.


Summaries of

McKnight v. State

District Court of Appeal of Florida, Second District
Mar 11, 1992
595 So. 2d 1059 (Fla. Dist. Ct. App. 1992)
Case details for

McKnight v. State

Case Details

Full title:GREGORY McKNIGHT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Mar 11, 1992

Citations

595 So. 2d 1059 (Fla. Dist. Ct. App. 1992)

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