Florida District Courts of Appeal, 1982

Thomas v. State

Thomas v. State
Florida District Courts of Appeal · Decided March 11, 1982 · Ervin, McCord, Shaw
414 So. 2d 525; 1982 Fla. App. LEXIS 19444 (Southern Reporter, Second Series)

Thomas v. State

Opinion of the Court

PER CURIAM.

We AFFIRM appellant’s conviction. However, we agree with appellant that when the trial court enhances a sentence pursuant to Section 775.084, Florida Statutes (1979), there must be a finding that, from a preponderance of the evidence, it was necessary for the protection of the public to sentence the appellant to an extended term. We therefore vacate the sentence and remand the cause for appropriate findings and imposition of sentence. See Whaley v. State, 382 So.2d 802 (Fla. 1st DCA 1980).

McCORD, ERVIN and SHAW, JJ., concur.

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