Public-domain · open source
OpenJurist

709 So. 2d 101

709 So.2d 101

23 Fla.L.WeeklySupp. 162

Albritton v. State

Supreme Court of Florida

Decided March 19, 1998

Supreme Court of Florida · decided 1998-03-19

Relies on 681 So. 2d 1136 - King v. State · 681 So. 2d 759 - Albritton v. State

Decided 1998-03-19

PER CURIAM.

¶1We have for review Albritton v. State, 681 So.2d 759 (Fla. 5th DCA 1996), which conflicts with this Court’s recent opinion in King v. State, 681 So.2d 1136 (Fla.1996). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

¶2In King, we held that where a trial judge determines that a defendant qualifies as a habitual offender but imposes a non-habitual offender sentence of imprisonment followed by probation, upon a subsequent violation of probation by the defendant, the trial judge on resentencing may not impose a habitual offender sentence. 681 So.2d at 1141. Under Rule 3.701(d)(14) of the Florida Rules of Criminal Procedure, “[sjentences imposed after revocation of probation or community control must be in accordance with the [sentencing] guidelines.” Accordingly, we quash the decision below and remand for proceedings consistent with our opinion in King.

¶3It is so ordered.

KOGAN, C.J., OVERTON, SHAW, HARDING, WELLS and ANSTEAD, JJ., and GRIMES, Senior Justice, concur.
/709/so2d/101 · .json · Public domain