JOEL STEWART, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Sentencing Discretion cases and more on FLexlaw
RYDER, Acting Chief Judge.
Joel Stewart challenges his habitual offender sentence and the imposition of costs relative to his conviction for burglary. We find no merit to his argument concerning costs. Because the requirements of the habitual offender statute were met, we affirm the trial court’s habitualization of appellant. We choose, however, to discuss one aspect of the sentencing.
The trial judge at sentencing seemed to express disagreement with other district’s rulings that sentencing under the habitual felony offender statute is permissive. He did not then have the benefit of either Burdick v. State, 594 So. 2d 267 (Fla.1992) or King v. State, 597 So. 2d 309 (Fla. 2d DCA), review denied, 602 So. 2d 942 (Fla. 1992). We affirm the conviction, but reverse and remand appellant’s habitual offender sentence because we do not know whether the trial judge would have imposed a more lenient sentence. See Davis v. State, 599 So. 2d 239 (Fla. 2d DCA 1992); Tucker v. State, 595 So. 2d 956 (Fla.1992).
Reversed and remanded to allow the judge to review the sentencing in light of Burdick and King.
SCHOONOVER and THREADGILL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
White v. State, 618 So. 2d 354 (Fla. 1st DCA 1993)…e of its discretionary sentencing authority, we vacate Appellant’s sentences on both charges and remand for the trial court to reconsider its sentencing options in light of our holding and the subsequent decisions discussed, infra. Stewart v. State, 614 So. 2d 690 (Fla. 2d DCA1993); Brown v. State, 613 So. 2d 558 (Fla. 2d DCA1993) (reversing and remanding habitual offender sentence, where appellate court was unable to determine whether trial judge had construed permissive sentencing provision to be mandatory)…
Authorities Cited
- Burdick v. State, 594 So. 2d 267 (Fla. 1992)
- King v. State, 597 So. 2d 309 (Fla. 2d DCA 1992)
- Taylor v. State, 595 So. 2d 956 (Fla. 1992)
- Davis v. State, 599 So. 2d 239 (Fla. 2d DCA 1992)