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GREY v. STATE

No. 77-1655.

362 So.2d 425 (1978)

Henry Julius GREY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 30, 1978.

Attorney(s) appearing for the Case

Jack A. Nants, Orlando, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.

BASKIN, NATALIE, Associate Judge.

This is an appeal from a conviction of involuntary sexual battery while the victim was physically helpless to resist and enhanced sentence as an habitual offender. We affirm the judgment, but remand for resentencing. The trial court failed to make findings as required under Florida Statute 775.084.

Florida Statute 775.084(3) states:

"... the court shall determine if it is necessary for the protection of the public...

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