WHALEY v. STATE

No. PP-387.

382 So.2d 802 (1980)

Joseph WHALEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 11, 1980.


Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Margaret Good, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for appellee.


PER CURIAM.

Whaley appeals his sentence of 30 years imposed under the enhanced penalty statute, raising the procedural issue that the trial court failed to specifically find from a preponderance of the evidence that it was necessary for the protection of the public to sentence the appellant to an extended term. Upon consideration of the record and precedent on this point, we conclude such a finding is required. § 775.084(3) and (3)(d), Fla. Stat. (1979); Levy...

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