RUIZ v. STATE

No. 80-1305.

407 So.2d 1042 (1981)

Felix RUIZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 29, 1981.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Alan R. Dakan, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Calianne P. Lantz, Asst. Atty. Gen., for appellee.

Before BARKDULL, HENDRY and JORGENSON, JJ.


PER CURIAM.

Defendant's conviction for attempted burglary of a dwelling is affirmed; however, the enhanced sentence imposed is reversed and vacated and the cause remanded to the trial court with directions to resentence the defendant.

Prior to sentencing a defendant as an habitual felon, the court must find that the extended sentence is necessary to protect the public from further criminal activity, and the basis for this finding must appear in the record...

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