Florida District Courts of Appeal, 1992

Thomas v. State

Thomas v. State
Florida District Courts of Appeal · Decided March 18, 1992 · Garrett, Hersey, Stone
595 So. 2d 286; 1992 Fla. App. LEXIS 3220; 1992 WL 48692 (Southern Reporter, Second Series)

Thomas v. State

Opinion of the Court

PER CURIAM.

We reverse the appellant’s sentence as a habitual offender. The trial court failed to make the findings mandated by the statute. Rolle v. State, 586 So.2d 1293 (Fla. 4th DCA 1991); § 775.084(1)(a), Fla.Stat. (1989).

We do not address appellant’s contention that the statute violates the single subject rule of the Florida constitution as the offense in question predated the amendment of the statute. Additionally, we note that the issue was apparently not raised before the trial court.

HERSEY, STONE and GARRETT, JJ., concur.

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