Westbrook v. State, 617 So. 2d 782 (Fla. 4th DCA 1993). · Go Syfert
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Westbrook v. State, 617 So. 2d 782 (Fla. 4th DCA 1993). Cases Citing This Book View Copy Cite
11 citation events (4 in the last 25 years) across 1 distinct court.
Strongest positive: Sprouse v. State (fladistctapp, 2016-12-16)
Top citers, strongest first. 6 distinct citers.
cited Cited as authority (rule) Sprouse v. State
Fla. Dist. Ct. App. · 2016 · confidence medium
A. The mother’s testimony unquestionably included hearsay — “out-of-court statements] offered to prove the truth of the matter asserted,” Lark v. State, 617 So.2d 782, 788 (Fla. 1st DCA 1993).
cited Cited as authority (rule) Everett v. State
Fla. Dist. Ct. App. · 2001 · confidence medium
See Foster v. State, 778 So.2d 906, 914-15 (Fla.2000); Lark v. State, 617 So.2d 782, 788 (Fla. 1st DCA 1993).
discussed Cited as authority (rule) Washington v. State
Fla. Dist. Ct. App. · 1999 · confidence medium
Reed v. State, 496 So.2d 213 (Fla. 1st DCA 1986) (trial court's erroneously permitting jury to be death-qualified resulted in number of otherwise qualified prospective jurors' being eliminated from participation in homicide prosecution and, thus, could not be considered harmless), rev. den., 504 So.2d 768 (Fla.1987); Lark v. State, 617 So.2d 782, 784 (Fla. 1st DCA 1993).
discussed Cited as authority (rule) Washington v. State
Fla. Dist. Ct. App. · 1999 · confidence medium
Reed v. State, 496 So.2d 213 (Fla. 1st DCA 1986) (trial court’s erroneously permitting jury to be death-qualified resulted in number of otherwise qualified prospective jurors’ being eliminated from participation in homicide prosecution and, thus, could not be considered harmless), rev. den., 504 So.2d 768 (Fla.1987); Lark v. State, 617 So.2d 782, 784 (Fla. 1st DCA 1993).
discussed Cited "see" Musson v. State
Fla. Dist. Ct. App. · 2016 · signal: see · confidence high
See Lark v. State, 617 So.2d 782, 788 (Fla. 1st DCA 1993) (“If an out-of-court statement is offered in court to prove the truth of the facts contained in the statement, it is hearsay." If an out-óf-cóurt statement is not offered to prove the facts contained in the statement, it is not hearsay.” (quoting Charles W.
cited Cited "see" Suarez v. State
Fla. Dist. Ct. App. · 1997 · signal: see · confidence high
See Westbrook v. State, 617 So.2d 782 (Fla. 4th DCA 1993).
Eric Jerome WESTBROOK, Appellant,
v.
State of Florida, Appellee.
92-1004.
District Court of Appeal of Florida, Fourth District.
Apr 28, 1993.
617 So. 2d 782
Per Curiam.
Cited by 3 opinions  |  Published

Richard L. Jorandby, Public Defender, and Paul D. Caruso, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Westbrook appeals his conviction and sentence for robbery. We affirm his conviction, but reverse and remand for resentencing.

The trial court erred in sentencing Westbrook as a habitual felony offender. Section 775.084(1)(a)1, Florida Statutes (1991), requires the trial court to find a defendant has been convicted of two or more felonies in order to be classified as a habitual felony offender. At bar, the state only admitted into evidence one prior felony. On remand, the trial court is instructed to hear additional evidence of prior felonies prior to classifying Westbrook as a habitual felony offender. King v. State, 580 So.2d 169 (Fla. 4th DCA 1991) (en banc).

In addition, the trial court's written sentence failed to conform to the sentence pronounced in open court. Upon remand, the trial court is instructed to impose sentence in accordance with its oral pronouncement. Sirmons v. State, 405 So.2d 310 (Fla. 4th DCA 1981); Sandstrom v. State, 390 So.2d 448 (Fla. 4th DCA 1980), rev. denied, 397 So.2d 779 (Fla. 1981). Moreover, Westbrook's judgment erroneously lists attempted robbery with a deadly weapon as a first degree felony, when the crime is a second degree felony. Sections 812.13(2)(b) and 777.04(4)(b), Fla. Stat. (1991). Upon remand, the trial court should also correct this error.

REVERSED AND REMANDED WITH INSTRUCTIONS.

GLICKSTEIN, C.J., GUNTHER, J., and WALDEN, JAMES H., Senior Judge, concur.