Davis v. State
Davis v. State
Opinion of the Court
An Anders
Following the state charging Davis with grand theft, the state served Davis personally with a written notice of enhanced penalty pursuant to the habitual offender statute. Following a jury trial, the trial court sentenced Davis to ten years in prison consecutive to two other felony charges. However, the judgment and sentence do not reflect any writing, markings, or initials to indicate that the sentence was imposed pursuant to section 775.084(4)(a), Florida Statutes (Supp. 1988), the habitual offender statute. If this is not a habitual offender sentence, the maximum prior sentence for grand theft of an automobile is five years. See § 775.082, Fla.Stat. (1987) and § 812.014(2)(a), Fla.Stat. (Supp. 1988).
We remand this case to the trial court to amend the judgment and sentence to clarify whether Davis was sentenced pursuant to the habitual offender statute. If the trial judge did not intend to classify Davis as a habitual offender, then Davis is entitled to resentencing within the appropriate sentencing guidelines. See Arnold v.
Remanded with instructions.
. Anders v. Calif., 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
. The crime occurred on July 8, 1989.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.