4D08-4008-State v. Hewitt*

State: Florida

Court: Florida Southern District Court

Docket No: 4D08-4008.op

Case Date: 11/12/2009

Plaintiff: 4D08-4008-State

Defendant: Hewitt*

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT

July Term 2009
STATE OF FLORIDA,
Appellant,
v.

HORACE HEWITT,
Appellee.
No. 4D08-4008
[November 12, 2009]
CIKLIN, J.
The State appeals a sentencing order, arguing that the trial court erred in not sentencing the defendant as a habitual felony offender without holding a hearing or making the required findings pursuant to section 775.084(3)(a), Florida Statutes (2008). We dismiss, finding sua sponte that a legal sentence is not an appealable order.
Under section 775.084(3)(a), before determining habitual felony offender status, a trial court is required to do the following:
(3)(a) In a separate proceeding, the court shall determine if the defendant is a habitual felony offender or a habitual violent felony offender. The procedure shall be as follows:
1.
The court shall obtain and consider a presentence investigation prior to the imposition of a sentence as a habitual felony offender or a habitual violent felony offender.

2.
Written notice shall be served on the defendant and the defendant

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