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DACOSTA v. STATE

No. 92-2893.

625 So.2d 1317 (1993)

Mark DACOSTA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 3, 1993.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Robert Friedman, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We reverse Appellant's sentence as to count III, which the state correctly concedes must be amended to reflect a misdemeanor conviction for simple assault.

We affirm Appellant's sentence as a habitual offender, under count I, notwithstanding the court's failure to make the requisite statutory findings, under section 775.041(1)(a)1. and 2., Florida Statutes (1991), which the record reflects was harmless error. Herrington v. State,

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