¶1Appellant 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.
609 So. 2d 774
Durant v. State
District Court of Appeal of Florida
Decided December 18, 1992
District Court of Appeal of Florida · decided 1992-12-18
Relies on Burdick v. State
Decided 1992-12-18