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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

PER CURIAM.

¶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.

CAMPBELL, A.C.J., and SCHOONOVER and HALL, JJ., concur.
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