DWIGHT TAYLOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We vacate the defendant’s sentence as an habitual violent felony offender (section 775.084(4)(b)2., Florida Statutes) imposed on remand after our reversal in Taylor v. State, 558 So. 2d 1092 (Fla. 5th DCA 1990) of the defendant’s original sentence as an habitual felony offender (section 775.-084(4)(a)2., Florida Statutes), because the sentence after remand constitutes punishment more harsh than the sentence reversed on the first appeal (the habitual violent felony offender includes a 10 year minimum mandatory sentence) and, is therefore prone to discourage appeals in violation of constitutional due process and the dictates of North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969).
SENTENCE VACATED; CAUSE REMANDED FOR RESENTENCING.
COWART, GRIFFIN and DIAMANTIS, JJ., concur.
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Queen Tucker Moore v. State, 608 So. 2d 926 (Fla. 2d DCA 1992)…LTENBERND, JJ., concur. . During the sentencing hearing, the trial court asked defense counsel if he agreed that Moore qualified as a habitual felony offender. Defense counsel responded, "I agree she could be so classified.” . See Taylor v. State, 576 So. 2d 968 (Fla. 5th DCA 1991).…
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Gary Banks v. State, 591 So. 2d 282 (Fla. 1st DCA 1991)…der status using prior convictions not originally relied on. Doggett at 116-17 (emphasis supplied). Here, the state conceded below that the two convictions imposed on August 27, 1987 were Banks’ only prior convictions. Further, in Taylor v. State, 576 So. 2d 968 (Fla. 5th DCA 1991), the court affirmatively found that the action proposed by the state “constitutes punishment more harsh than the sentence reversed on the first appeal (the habitual violent felony offender includes a 10-year minimum mandatory sen…
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Aurther Landers v. State, 691 So. 2d 550 (Fla. 4th DCA 1997)…elo-felooffender because such a sentence would constitute a harsher punishment than Appel-Appeloriginal felony habitual offender sen-senand would be prone to discourage ap-apin violation of due process. See Banks, 591 So. 2d at 283; Taylor v. State, 576 So. 2d 968, 969 (Fla. 5th DCA 1991). Accordingly, we remand for the trial court to resentence Appellant under the guidelines. See Banks, 591 So. 2d at 283. Finally, we conclude that the arguments addressed to reversal of Appellant’s conviction merit neither d…
Authorities Cited
- North Carolina v. Pearce, 395 U.S. 711 (U.S. 1969)
- Taylor v. State, 558 So. 2d 1092 (Fla. 5th DCA 1990)