Florida District Courts of Appeal, 1983

Johnson v. State

Johnson v. State
Florida District Courts of Appeal · Decided January 19, 1983 · Boardman, Grimes, Ryder
426 So. 2d 1041; 1983 Fla. App. LEXIS 27770 (Southern Reporter, Second Series)

Johnson v. State

Opinion of the Court

PER CURIAM.

Ralph G. Johnson appeals his conviction of aggravated battery and his enhanced sentence of thirty years as an habitual felony offender under Section 775.084, Florida Statutes (1981). We affirm his conviction but remand for resentencing because the trial court failed to specify the findings required as a basis for such a sentence as mandated by Section 775.084(3)(d). Cavallaro v. State, 420 So.2d 927 (Fla. 2d DCA 1982); Fry v. State, 359 So.2d 584 (Fla. 2d DCA 1978); Grimmett v. State, 357 So.2d 461 (Fla. 2d DCA 1978).

We have considered the remaining points raised by appellant and conclude that each is without merit.

Accordingly, the judgment is affirmed, but the sentence is vacated and the case remanded for resentencing.

BOARDMAN, A.C.J., and GRIMES and RYDER, JJ., concur.

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