Florida District Courts of Appeal, 1997

Brinson v. State

Brinson v. State
Florida District Courts of Appeal · Decided August 6, 1997 · Fletcher, Gersten, Jorgenson
697 So. 2d 976; 1997 Fla. App. LEXIS 9045; 1997 WL 441254 (Southern Reporter, Second Series)

Brinson v. State

Opinion of the Court

PER CURIAM.

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.

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