Florida District Courts of Appeal, 1990

Pollard v. State

Pollard v. State
Florida District Courts of Appeal · Decided May 16, 1990 · Anstead, Glickstein, Polen
561 So. 2d 29; 1990 Fla. App. LEXIS 3362; 1990 WL 64143 (Southern Reporter, Second Series)

Pollard v. State

Opinion of the Court

PER CURIAM.

We affirm the conviction, but reverse the sentence and remand for resentencing. The trial court erred in sentencing the appellant as a habitual offender without making the requisite determination, pursuant to section 775.084, Florida Statutes (1987), that an extended term of imprisonment is necessary for the protection of the public. The newly imposed sentence must be within the guidelines pursuant to Shull v. Dugger, 515 So.2d 748 (Fla. 1987).

ANSTEAD, GLICKSTEIN and POLEN, JJ., concur.

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