DocketNumber： No. 96-2172
Citation Numbers： 697 So. 2d 976, 1997 Fla. App. LEXIS 9045, 1997 WL 441254
Judges： Fletcher, Gersten, Jorgenson
Filed Date： 8/6/1997
Status： Precedential
Modified Date： 10/18/2024
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.