Thomas v. State
Thomas v. State
414 So. 2d 525; 1982 Fla. App. LEXIS 19444
(Southern Reporter, Second Series)
Thomas v. State
Opinion of the Court
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).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.