Florida District Courts of Appeal, 1991

Taylor v. State

Florida District Courts of Appeal · Decided April 4, 1991 · No. 90-1509 · Cowart, Diamantis, Griffin

576 So. 2d 968; 1991 Fla. App. LEXIS 2995; 1991 WL 44908 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Banks v. State (Fla. Dist. Ct. App. 1991)
Landers v. State (Fla. Dist. Ct. App. 1997)
Moore v. State (Fla. Dist. Ct. App. 1992)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We vacate the defendant’s sentence as an habitual violent felony offender (section 775.084(4)(b)2., Florida Statutes) imposed on remand after our reversal in Taylor v. State, 558 So.2d 1092 (Fla. 5th DCA 1990) *969of the defendant’s original sentence as an habitual felony offender (section 775.-084(4)(a)2., Florida Statutes), because the sentence after remand constitutes punishment more harsh than the sentence reversed on the first appeal (the habitual violent felony offender includes a 10 year minimum mandatory sentence) and, is therefore prone to discourage appeals in violation of constitutional due process and the dictates of North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969).

SENTENCE VACATED; CAUSE REMANDED FOR RESENTENCING.

COWART, GRIFFIN and DIAMANTIS, JJ., concur.

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