Florida District Courts of Appeal, 1991

Johnson v. State

Johnson v. State
Florida District Courts of Appeal · Decided April 12, 1991 · Danahy, Scheb, Threadgill
577 So. 2d 725; 1991 Fla. App. LEXIS 3338; 1991 WL 53564 (Southern Reporter, Second Series)

Johnson v. State

Opinion of the Court

PER CURIAM.

Defendant appeals the summary denial of his motion to mitigate his sentence. He complains of his failure to receive notice of the state’s intent to request sentencing him as a habitual offender. The trial judge failed to attach the written notice or other portions of the record to either refute defendant’s allegation or to substantiate the denial of the motion.

Accordingly, we reverse the order and remand for further proceedings. If the trial court determines on remand that the motion must be denied, it should attach portions of the record to support its finding.

SCHEB, A.C.J., and DANAHY and THREADGILL, JJ., concur.

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