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Pleasant v. State

District Court of Appeal of Florida, First District
Aug 12, 1993
625 So. 2d 1233 (Fla. Dist. Ct. App. 1993)

Opinion

No. 91-2546.

August 12, 1993.

An appeal from the circuit court for Escambia County; Lacey A. Collier, Judge.

Nancy A. Daniels, Public Defender, and Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for appellee.


OPINION ON REMAND


This court's original decision in this case reversed appellant's sentence as a habitual offender for failure to make sufficient findings pursuant to section 775.084(1)(a), Florida Statutes (1991), and further reversed the judgment of convictions and remanded for entry of a final judgment that conforms to the charge and jury verdict. Pleasant v. State, 609 So.2d 57 (Fla. 1st DCA 1992). On review of a certified question concerning the findings required in sentencing one as a habitual offender, the supreme court quashed our decision on this issue and remanded for further proceedings in accordance with State v. Rucker, 613 So.2d 460 (Fla. 1993). Consistent with that decision, appellant's sentence as a habitual offender is hereby AFFIRMED. The judgment of conviction must be reversed and the cause remanded, however, to permit entry of a judgment that conforms to the charge and verdict in accordance with our original decision.

No motion for rehearing will be entertained. The Clerk will issue mandate forthwith.

ZEHMER, C.J., and ERVIN and BARFIELD, JJ., concur.


Summaries of

Pleasant v. State

District Court of Appeal of Florida, First District
Aug 12, 1993
625 So. 2d 1233 (Fla. Dist. Ct. App. 1993)
Case details for

Pleasant v. State

Case Details

Full title:BRETT TODD PLEASANT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Aug 12, 1993

Citations

625 So. 2d 1233 (Fla. Dist. Ct. App. 1993)