Florida District Courts of Appeal, 1982

Scott v. State

Florida District Courts of Appeal · Decided December 28, 1982 · Baskin, Ferguson, Schwartz

423 So. 2d 986; 1982 Fla. App. LEXIS 28596 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Taylor v. State (Fla. Dist. Ct. App. 1990)
Adams v. State (Fla. Dist. Ct. App. 1990)
Rodriguez v. State (Fla. Dist. Ct. App. 1989)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Appellant having failed to demonstrate reversible error in the trial proceedings, the judgments of conviction and sentence for burglary and theft are affirmed. The sentence was enhanced pursuant to Section 775.084(4), Florida Statutes (1979) and is supported only by the oral finding that “this is necessary for the protection of society”, which finding is woefully short of what is required by the statute. Ruiz v. State, 407 So.2d 1042 (Fla. 3d DCA 1981). We reverse the enhanced portion of the sentence and remand for further findings and resentencing in accordance with this opinion.

Affirmed in part, reversed in part, and remanded.

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