History
  • No items yet
midpage
McKnight v. State
595 So. 2d 1059
Fla. Dist. Ct. App.
1992
Check Treatment
PER CURIAM.

Although we find no merit m appellant s contention that it was error to impose probation in sentencing him under the habitual offender statute, King v. State, No. 91-00036, 597 So.2d 309 (Fla. 2d DCA 1992), we must reverse and remand for further proceedings. The appellant waived presentation of the presentence investigation report but did ask that certified copies of the prior convictions be placed in the court file. The record does not indicate that certified copies of the prior convictions were produced, and therefore, there is no indication that the trial court made the required findings concerning prior convictions. See West v. State, 583 So.2d 394 (Fla. 2d DCA 1991). We, accordingly, remand so that the trial court may either make the required findings or, if the requisite prior convictions do not exist, resentence him.

Reversed and remanded with instructions.

SCHOONOVER, C.J., and THREADGILL and HALL, JJ., concur.

Case Details

Case Name: McKnight v. State
Court Name: District Court of Appeal of Florida
Date Published: Mar 11, 1992
Citation: 595 So. 2d 1059
Docket Number: No. 90-03255
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.