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126 So. 3d 251

Jackson v. State

District Court of Appeal of Florida

Decided December 17, 2008

District Court of Appeal of Florida · decided 2008-12-17

Relies on Turner v. State · State v. Harris

Decided 2008-12-17

PER CURIAM.

¶1We affirm Leon Jackson’s conviction but reverse his sentence. After the jury found Jackson guilty of burglary of a dwelling and petit theft, the trial court held a sentencing hearing and stated: “Well, the problem that you have is because you’re a violent career criminal, a GORT, the law says I’ve got to sentence you to a 30-year minimum/mandatory. There’s nothing I can do.”

¶2The court then sentenced Jackson as a violent career criminal under section 775.084(l)(d), Florida Statutes (2003), and imposed a sentence, on count one, of forty years in state prison with a thirty-year mandatory minimum; and on count two, to credit for time served.

¶3As in Calderon v. State, 745 So.2d 535, 536 (Fla. 3d DCA 1999), the record shows that the trial court mistakenly believed that a violent career criminal sentence was mandatory. See State v. Harris, 718 So.2d 933, 934 (Fla. 3d DCA 1998) (stating that “[t]he statute calls for the trial court to impose sentence as a violent career criminal unless ‘the court finds ... that it is not necessary for the protection of the public ... ’ ”). The quoted language from the sentencing hearing transcript reflects that the trial court believed it had no choice but to sentence Jackson as a violent career criminal to a minimum mandatory sentence of thirty years.

¶4We therefore affirm Jackson’s conviction, but reverse and remand for resen-tencing.

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