625 So. 2d 1317

Mark DACOSTA, Appellant, v. STATE of Florida, Appellee.

No. 92-2893.

District Court of Appeal of Florida, Fourth District.

Nov. 3, 1993.

Richard L. Jorandby, Public Defender, and Robert Friedman, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We reverse Appellant’s sentence as to count III, which the state correctly concedes must be amended to reflect a misdemeanor conviction for simple assault.

We affirm Appellant’s sentence as a habitual offender, under count I, notwithstanding the court’s failure to make the requisite statutory findings, under section 775.041(l)(a)l. and 2., Florida Statutes (1991), which the record reflects was harmless error. Herrington v. State, 622 So.2d 1339, (Fla. 4th DCA 1993) (en banc). We certify to the supreme court the same question certified in Herrington.

AFFIRMED IN PART, REVERSED IN PART AND REMANDED FOR MODIFICATION OF SENTENCE.

DELL, C.J., and STONE and WARNER, JJ., concur.

Dacosta v. State
625 So. 2d 1317

Case Details

Name
Dacosta v. State
Decision Date
Nov 3, 1993
Citations

625 So. 2d 1317

Jurisdiction
Florida

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