Bedford v. State

District Court of Appeal of Florida

Bedford v. State

706 So. 2d 947, 1998 Fla. App. LEXIS 2486, 1998 WL 106976

CourtDistrict Court of Appeal of Florida

DecidedMarch 13, 1998

DocketNo. 96-4741

StatusPublished

This text of 706 So. 2d 947 (Bedford v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bedford v. State, 706 So. 2d 947, 1998 Fla. App. LEXIS 2486, 1998 WL 106976 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

Appellant Bedford, after conviction by a jury, was sentenced to life in prison as a habitual felony offender. When pronouncing sentence, the trial court concluded that under certain case law, “775.084 [the habitual felony offender statute] requires that when the defendant is convicted of a felony of the first degree, there is a requirement that he be sentenced to life imprisonment when he is treated as a habitual offender.” In light of Burdick v. State, 594 So.2d 267 (Fla.1992), sentencing under the habitual felony offender statute is permissive, not mandatory. See also State v. Hudson, 698 So.2d 831 (Fla.1997). Because the trial court in this case believed he could not decline to impose a life sentence, we VACATE the sentence and REMAND the case for resentencing.

KAHN, MICKLE and DAVIS, JJ., concur

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PER CURIAM.

Appellant Bedford, after conviction by a jury, was sentenced to life in prison as a habitual felony offender. When pronouncing sentence, the trial court concluded that under certain case law, “775.084 [the habitual felony offender statute] requires that when the defendant is convicted of a felony of the first degree, there is a requirement that he be sentenced to life imprisonment when he is treated as a habitual offender.” In light of Burdick v. State, 594 So.2d 267 (Fla.1992), sentencing under the habitual felony offender statute is permissive, not mandatory. See also State v. Hudson, 698 So.2d 831 (Fla.1997). Because the trial court in this case believed he could not decline to impose a life sentence, we VACATE the sentence and REMAND the case for resentencing.

KAHN, MICKLE and DAVIS, JJ., concur

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Bluebook (online)

706 So. 2d 947, 1998 Fla. App. LEXIS 2486, 1998 WL 106976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bedford-v-state-fladistctapp-1998.

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