Brinson v. State
697 So. 2d 976, 1997 Fla. App. LEXIS 9045, 1997 WL 441254
Opinion
We affirm defendant’s conviction, but vacate his sentence and remand for resentenc-ing.
The trial judge sentenced defendant under the mistaken belief that when sentencing defendant as a habitual offender, he was required to impose a mandatory minimum term. The imposition of a mandatory minimum is permissive. Frye v. State, 690 So.2d 629 (Fla. 3d DCA 1997). As in Frye, the trial court in this case is, of course, free to exercise its discretion on remand to impose a mandatory minimum.
Affirmed in part; vacated in part; remanded.
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Brinson v. State, 697 So. 2d 976, 1997 Fla. App. LEXIS 9045, 1997 WL 441254 (Fla. Ct. App. 1997).
697 So. 2d 976 (Brinson v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Frye v. State
690 So. 2d 629 (District Court of Appeal of Florida, 1997)