Florida District Courts of Appeal, 1992

Durant v. State

Durant v. State
Florida District Courts of Appeal · Decided December 18, 1992 · Campbell, Hall, Schoonover
609 So. 2d 774; 1992 Fla. App. LEXIS 12590; 1992 WL 371543 (Southern Reporter, Second Series)

Durant v. State

Opinion of the Court

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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