Stone v. State
Stone v. State
Opinion of the Court
Tony Stone appeals his judgment and sentence as a habitual offender. Appellant Stone argues that in sentencing him as a habitual offender the trial judge did not make the findings required by Section 775.-084, Florida Statutes (1989). We agree. The trial court has a mandatory duty to
Does the holding in Eutsey v. State, 383 So.2d 219 (Fla. 1980), that the state has no burden of proof as to whether the convictions necessary for habitual felony offender sentencing have been pardoned or set aside, in that they are ‘affirmative defenses available to [a defendant]’, relieve the trial court of its statutory obligation to make findings regarding those factors, if the defendant does not affirmatively raise, as a defense, that the qualifying convictions provided by the state have been pardoned or set aside?
REVERSED and REMANDED.
Reference
- Full Case Name
- Tony STONE v. STATE of Florida
- Cited By
- 1 case
- Status
- Published