Baker v. State

Supreme Court of Florida June 4, 1992

Baker v. State, 598 So. 2d 1071 (Fla. 1992)

17 Fla. L. Weekly Supp. 336; 1992 Fla. LEXIS 993; 1992 WL 117270

Barkett, Grimes, Harding, Kogan, McDonald, Overton, Shaw

Opinion of the Court

PER CURIAM.

We have for review Baker v. State, 591 So.2d 959 (Fla. 2d DCA 1991), in which the Second District Court of Appeal affirmed the trial court’s holding that a life sentence is mandatory under the habitual offender statute1 when a defendant is habitualized on a first-degree felony. We accept jurisdiction 2 and remand the case for reconsideration in light of our decision in Burdick v. State, 594 So.2d 267 (Fla. 1992).

It is so ordered.

SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.

. § 775.084, Fla.Stat. (1989).

. Art. V, § 3(b)(3), and Jollie v. State, 405 So.2d 418 (Fla. 1981).

Reference

Full Case Name: James Franklin BAKER v. STATE of Florida
Status: Published