LAVANCE BURNETT A/K/A WILLIE E. BURNETT A/K/A MAURICE VANDANT/VAN BURNETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The dissenting opinion argues that the majority's distinction between this case and Burnett v. State is unconvailing, as both cases involved similar surveillance of drug houses and vehicle stops based on limited observations.
The dissenting judge believes the majority incorrectly distinguished this case from Burnett v. State, implying that the observations here, like in Burnett, were insufficient to establish a founded suspicion for a stop.
Officers surveilled a known crack house and observed the defendant's vehicle arrive. The defendant exited the vehicle, spoke with someone from the hou…
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THOMPSON, Judge.
Appellant Willie E. Burnett appeals the habitual offender sentence he received after he entered a plea to violation of probation. The state concedes that the sentence was imposed in error since the trial judge did not have the option to sentence Burnett as a habitual offender at the original sentencing. Snead v. State, 616 So. 2d 964 (Fla.1993). We affirm the judgment, but we vacate the sentence and remand for resentencing.
At resentencing, the trial judge is required to “impose any sentence which it might have originally imposed before placing the probationer on probation or offender into community control.” § 948.06(1), Fla.Stat. (1989). The court also has the option of a one cell bump-up. Fla.R.Crim.P. 3.701(d)(14); Williams v. State, 594 So. 2d 273 (Fla.1992).
Judgment AFFIRMED; sentence VACATED and REMANDED for resentencing.
HARRIS, C.J., and GRIFFIN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Williams v. State, 594 So. 2d 273 (Fla. 1992)
- Snead v. State, 616 So. 2d 964 (Fla. 1993)