KING v. STATE

No. 89-2840.

580 So.2d 169 (1991)

Bertram KING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 6, 1991.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Jeffrey L. Anderson, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.


ON REHEARING EN BANC

PER CURIAM.

We reverse appellant's habitual offender sentence on the authority of Mitchell v. State, 547 So.2d 311 (Fla. 4th DCA 1989) and remand for resentencing. The trial judge failed to make factual findings required by section 775.084, Florida Statutes (1987). At the resentencing, the trial court may again consider whether the habitual offender statute should be applied to appellant.

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