Durant v. State

District Court of Appeal of Florida

Durant v. State

609 So. 2d 774, 1992 Fla. App. LEXIS 12590, 1992 WL 371543

CourtDistrict Court of Appeal of Florida

DecidedDecember 18, 1992

DocketNo. 91-03057

StatusPublished

This text of 609 So. 2d 774 (Durant 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.

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Durant v. State, 609 So. 2d 774, 1992 Fla. App. LEXIS 12590, 1992 WL 371543 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

Appellant was sentenced as a habitual offender to life imprisonment pursuant to section 775.084(4)(b)(1), Florida Statutes (1989). In Burdick v. State, 594 So.2d 267 (Fla.1992), the supreme court held that sentencing under the above statute was permissive, not mandatory. Because it is probable that the trial judge thought that a life sentence was mandatory, we reverse the séntence and remand for reconsideration in light of Burdick. Otherwise, affirmed.

CAMPBELL, A.C.J., and SCHOONOVER and HALL, JJ., concur.

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PER CURIAM.

Appellant was sentenced as a habitual offender to life imprisonment pursuant to section 775.084(4)(b)(1), Florida Statutes (1989). In Burdick v. State, 594 So.2d 267 (Fla.1992), the supreme court held that sentencing under the above statute was permissive, not mandatory. Because it is probable that the trial judge thought that a life sentence was mandatory, we reverse the séntence and remand for reconsideration in light of Burdick. Otherwise, affirmed.

CAMPBELL, A.C.J., and SCHOONOVER and HALL, JJ., concur.

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609 So. 2d 774, 1992 Fla. App. LEXIS 12590, 1992 WL 371543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/durant-v-state-fladistctapp-1992.

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