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Willis v. State

District Court of Appeal of Florida, Second District
Feb 1, 1991
573 So. 2d 449 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-01890.

February 1, 1991.

Appeal from the Circuit Court for Highlands County; Richard G. Prince, Acting Circuit Judge.

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


We affirm appellant's sentence imposed pursuant to the habitual felony offender statute, section 775.084, Florida Statutes (1989). The statute, as amended in 1988, see ch. 88-131, § 6, Laws of Fla., no longer requires the trial court to specifically find that an enhanced sentence is necessary for the protection of the public. See Proctor v. State, 570 So.2d 425 (Fla. 3d DCA 1990).

We strike the imposition of court costs and attorney's fees without prejudice to the state to seek reimposition after proper notice and opportunity to be heard.

CAMPBELL, A.C.J., and LEHAN and THREADGILL, JJ., concur.


Summaries of

Willis v. State

District Court of Appeal of Florida, Second District
Feb 1, 1991
573 So. 2d 449 (Fla. Dist. Ct. App. 1991)
Case details for

Willis v. State

Case Details

Full title:ANGELO WILLIS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Feb 1, 1991

Citations

573 So. 2d 449 (Fla. Dist. Ct. App. 1991)

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Wyatt v. State

Appellant's sentences are affirmed. See Willis v. State, 573 So.2d 449 (Fla. 2d DCA 1991). The imposition of…