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Home > Resources > Opinions > Cato v. State of Florida 611 So.2d 22
611 So.2d 22, 18 Fla. L. Weekly D193
District Court of Appeal of Florida,
First District.
Ponce CATO, Appellant,
v.
STATE of Florida, Appellee.
No. 91-3893.
Dec. 22, 1992.

Defendant was convicted in the Circuit Court, Hamilton County, L. Arthur Lawrence, J., and was sentenced as habitual offender. On appeal, the District Court of Appeal held that where defendant's counsel acknowledged at sentencing hearing that defendant qualified for habitual offender sentence, necessity of specific findings under statute was waived.
Affirmed.

*23 James C. Banks, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., and Gypsy Bailey, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.
The appellant challenges his habitual offender sentence, arguing that the court erred in failing to make the requisite findings under section 775.084, Florida Statutes. Because the appellant's counsel acknowledged at the sentencing hearing that the appellant qualified for a habitual offender sentence, the necessity of specific findings under the statute was waived. See Robinson v. State, 605 So.2d 500 (Fla. 1st DCA 1992). The challenged sentence is therefore affirmed.

SMITH, ALLEN and WOLF, JJ., concur.
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