BANES v. STATE

No. 91-0441.

597 So.2d 975 (1992)

Jerome BANES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 13, 1992.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and March K. Allen, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellee.


DELL, Judge.

We affirm appellant's conviction. We reject appellant's argument that the record affirmatively shows a vindictive motivation on the part of the trial court when it sentenced him as a habitual offender. However, we reverse appellant's sentence as a habitual offender because the trial court failed to make the requisite findings pursuant to section 775.084(1)(a), Florida Statutes (1989). See Rolle v. State,...

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