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Parker v. State

District Court of Appeal of Florida, First District
Feb 28, 1989
538 So. 2d 978 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-651.

February 28, 1989.

An appeal from the Circuit Court for Escambia County; William H. Anderson, Judge.

Michael E. Allen, Public Defender, and Kathleen Stover, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and A.E. Pooser, IV, Asst. Atty. Gen., Tallahassee, for appellee.


We affirm the legality of the sentence and the trial court's determination to sentence defendant, Timmie L. Parker, as an habitual offender. The sentencing court's findings of fact in support of that determination need not be stated in writing so long as such findings are stated at a reported hearing. Adams v. State, 376 So.2d 47 (Fla. 1st DCA 1979). We decline to follow the second district's decision requiring such findings to be in writing, Hoefert v. State, 509 So.2d 1090 (Fla. 2d DCA 1987), and certify direct conflict to the supreme court.

AFFIRMED.

SHIVERS and BARFIELD, JJ., concur.


Summaries of

Parker v. State

District Court of Appeal of Florida, First District
Feb 28, 1989
538 So. 2d 978 (Fla. Dist. Ct. App. 1989)
Case details for

Parker v. State

Case Details

Full title:TIMMIE L. PARKER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Feb 28, 1989

Citations

538 So. 2d 978 (Fla. Dist. Ct. App. 1989)

Citing Cases

Parker v. State

OVERTON, Justice. We have for review Parker v. State, 538 So.2d 978 (Fla. 1st DCA 1989), in which Parker…