Florida District Courts of Appeal, 1992

Anderson v. State

Anderson v. State
Florida District Courts of Appeal · Decided June 24, 1992 · Farmer, Gunther, Polen
602 So. 2d 585; 1992 Fla. App. LEXIS 6680; 1992 WL 138781 (Southern Reporter, Second Series)

Anderson v. State

Concurring Opinion

FARMER, Judge,

specially concurring.

For the reasons expressed in my specially concurring opinion in Murray v. State, 602 So.2d 583 (Fla. 4th DCA 1992), I concur.

Opinion of the Court

PER CURIAM.

We reverse appellant’s habitual offender sentence. On remand, the trial court shall make specific findings on the record pursuant to sections 775.084(l)(a) and 775.-084(3)(d), Florida Statutes (1989), to support the habitual offender sentence. See Walker v. State, 462 So.2d 452 (Fla. 1985) (failure to object in trial court to habitual offender sentence without statutory findings does not bar defendant from raising issue on direct appeal from sentence); King v. State, 580 So.2d 169 (Fla. 4th DCA 1991) (en banc) (upon remand from defective habitual offender sentence, trial court is free to reimpose habitual offender sen-fence upon compliance with requirement for statutory findings); Bryant v. State, 602 So.2d 582 (Fla. 4th DCA 1992) (same).

We also adopt the question certified in Bryant as one of great public importance.

GUNTHER and POLEN, JJ., concur. FARMER, J., specially concurs with opinion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.