Rodger v. State, 583 So. 2d 429

PER CURIAM.

Appellant, Donald Rodger, appeals his conviction and sentence for grand theft. We affirm in part, reverse in part, and remand.

Appellant was convicted of grand theft and sentenced as a habitual offender. Appellant contends, and the State concedes, that appellant’s sentence as a habitual offender must be reversed because the trial court failed to make the requisite findings to support the habitual sentence. See Smith v. State, 573 So.2d 194 (Fla. 3d DCA 1991). Accordingly, we reverse appellant’s sentence.

However, on remand, the trial court may resentence appellant as a habitual offender if the requisite statutory findings are made by the court and supported by the evidence. Smith v. State, 573 So.2d at 194.

Finally, we affirm appellant’s conviction in all other respects. See C.C. v. State, 576 So.2d 951 (Fla. 3d DCA 1991).

Affirmed m part, reversed m part, and remanded.

Case Details

Case Name: Rodger v. State

Court Name: District Court of Appeal of Florida

Date Published: Aug 6, 1991

Citations: 583 So. 2d 429; 1991 Fla. App. LEXIS 8062; 1991 WL 147694; No. 90-2252

Docket Number: No. 90-2252

Court Abbreviation: Fla. Dist. Ct. App.