Brinson v. State
Brinson v. State
697 So. 2d 976; 1997 Fla. App. LEXIS 9045; 1997 WL 441254
(Southern Reporter, Second Series)
Brinson v. State
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.