DocketNumber: No. 91-03057
Citation Numbers: 609 So. 2d 774, 1992 Fla. App. LEXIS 12590, 1992 WL 371543
Judges: Campbell, Hall, Schoonover
Filed Date: 12/18/1992
Status: Precedential
Modified Date: 10/18/2024
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.