STATE v. HEWITT

No. 4D08-4008.

21 So.3d 914 (2009)

STATE of Florida, Appellant, v. Horace HEWITT, Appellee.

District Court of Appeal of Florida, Fourth District.

November 12, 2009.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellee.


CIKLIN, J.

The State appeals a sentencing order, arguing that the trial court erred in not sentencing the defendant as a habitual felony offender without holding a hearing or making the required findings pursuant to section 775.084(3)(a), Florida Statutes (2008). We dismiss, finding sua sponte that a legal sentence is not an appealable order.

Under section 775.084(3)(a), before determining habitual felony offender status, a trial court is required to do the...

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