# Brown v. State

> District Court of Appeal of Florida · August 2, 1983 · 435 So. 2d 940

URL: https://www.frixlaw.com/law-library/cases/7527452

## Case

- **Full name:** Curtis Leroy BROWN v. The STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** August 2, 1983
- **Citations:** 435 So. 2d 940; 1983 Fla. App. LEXIS 20045
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Jorgenson, Nesbitt, Pearson
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7527452

## Opinion text

ON REHEARING
PER CURIAM.
The opinion of this court filed June 7, 1983, is withdrawn and the following opinion substituted therefor.
Brown’s sentence as an habitual offender is reversed and the cause is remanded to the trial court to make the requisite specific finding that such a sentence is necessary for the protection of the public from further criminal activity by the defendant, see § 775.084(4)(a), Fla.Stat. (1981); Ruiz v. State, 407 So.2d 1042 (Fla. 3d DCA 1981), or if such a finding is not supported by the record, to vacate the habitual offender sentence. We recognize this sentencing error despite the defendant’s failure to preserve the issue below. See Gonzalez v. State, 392 So.2d 334 (Fla. 3d DCA 1981); accord, Spikes v. State, 405 So.2d 430 (Fla. 3d DCA 1981); Warmble v. State, 393 So.2d 1164 (Fla. 3d DCA 1981); but see Hampton v. State, 399 So.2d 441 (Fla. 5th DCA 1981); Thomas v. State, 394 So.2d 548 (Fla. 5th DCA 1981); Jones v. State, 384 So.2d 956 (Fla. 5th DCA 1980); Smith v. State, 378 So.2d 313 (Fla. 5th DCA), approved on other grounds, 394 So.2d 407 (Fla.1980).
*941 Sentence reversed and remanded with directions.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7527452. Public record. Not legal advice.