ROBINSON v. STATE

No. 88-2513.

540 So.2d 265 (1989)

Michael Shaw ROBINSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 4, 1989.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Rosa C. Figarola, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., Jacqueline M. Valdespino, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.


ON CONFESSION OF ERROR

PER CURIAM.

The trial judge sentenced Robinson to a within-the-guidelines sentence of ten years in prison. Because it was assessed for the third degree felony of theft of a motor vehicle, however, the term is sustainable only if the sentence is enhanced under the habitual offender act. Although the trial court, upon ample evidence, orally announced that conclusion, Robinson argues and the state concedes that the findings required to...

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