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Moreno v. State

District Court of Appeal of Florida, Third District
Oct 24, 1989
550 So. 2d 1172 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-2181.

October 24, 1989.

Appeal from the Circuit Court, Dade County, Martin D. Kahn, J.

Maria Brea Lipinski and John H. Lipinski, Miami, for appellant.

Robert A. Butterworth, Atty. Gen., and Ivy R. Ginsberg, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and JORGENSON, JJ.


This is an appeal by the defendant Rolando Moreno from judgments of conviction and sentences for unlawful possession of cocaine and unlawful possession of drug paraphernalia. The sole point on appeal is that the trial court erred in enhancing the defendant's sentence under the Habitual Felony Offender Statute [§ 775.084, Fla. Stat. (1987)] because the trial court failed to make specific findings of fact which show on their face that an extended prison term is necessary to protect the public from the defendant's further criminal conduct. We entirely agree; indeed, the state confesses error on this point. Eutsey v. State, 383 So.2d 219 (Fla. 1980); § 775.084(3)(d), Fla. Stat. (1987). Contrary to the defendant's contention, however, the trial court upon remand may orally make the requisite findings of fact in open court on the record; such findings need not be reduced to writing. Parker v. State, 546 So.2d 727 (Fla. 1989); contra Rodriguez v. State, 542 So.2d 1064 (Fla. 3d DCA 1989) (implicitly overruled by Parker).

The final judgments of conviction under review are affirmed; the sentences under review are reversed and the cause is remanded to the trial court for resentencing in accord with the views expressed in this opinion.

Affirmed in part; reversed in part and remanded.


Summaries of

Moreno v. State

District Court of Appeal of Florida, Third District
Oct 24, 1989
550 So. 2d 1172 (Fla. Dist. Ct. App. 1989)
Case details for

Moreno v. State

Case Details

Full title:ROLANDO MORENO, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Oct 24, 1989

Citations

550 So. 2d 1172 (Fla. Dist. Ct. App. 1989)

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