GREGORY BERNARD WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Defendant pleaded guilty to second-degree murder with a firearm, a life felony. He was sentenced to forty years’ incarceration, with a three-year minimum mandatory sentence for the use of a firearm. He was also treated as a habitual violent felony offender, effectively resulting in a fifteen-year minimum mandatory sentence. See § 775.084(4)(b)l, Fla.Stat. (1989).
After untangling a procedural morass stemming from a motion for postconviction relief, a belated appeal, and an affirmance of a prior appeal, none of which affects the result in this case, it is apparent that the defendant’s guilty plea was followed by an illegal sentence. Because his second-degree murder conviction was reclassified to a life felony pursuant to section 775.-087(l)(a), Florida Statutes (1989), for the use of a firearm, the trial court could not sentence defendant as a habitual violent felony offender pursuant to section 775.-084(4)(b). McKinney v. State, 585 So. 2d 318 (Fla. 2d DCA 1991).
Accordingly, we reverse defendant’s sentence and remand for resentencing.
SCHEB, A.C.J., and DANAHY and FRANK, JJ., concur.
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Lamont v. State, 597 So. 2d 823 (Fla. 3d DCA 1992)…511 (Fla.App. 5th DCA 1990), and the Second District Court of Appeal in McKinney v. State, 585 So. 2d 318 (Fla. 2d DCA 1991) have similarly stated that life felony sentences are not subject to habitual offender enhancement. See also White v. State, 589 So. 2d 1014 (Fla. 2d DCA 1991) (holding that trial court could not sentence defendant as habitual violent felony offender because defendant’s second-degree murder conviction was reclassified to a life felony); Paige v. State, 570 So. 2d 1108 (Fla. 5th DCA 1990)…
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Matyas v. State, 604 So. 2d 24 (Fla. 2d DCA 1992)…entence. First, the appellant argues that since his offense was enhanced to a life felony under section 775.087(l)(a), Florida Statutes (1991), the trial court could not sentence him as a habitual felony offender. He is correct. See White v. State, 589 So. 2d 1014 (Fla. 2d DCA 1991); McKinney v. State, 585 So. 2d 318 (Fla. 2d DCA 1991). Second, the appellant argues that he was not given proper credit for 376 days of jail time from his arrest on April 29, 1990, to his sentence on May 8, 1991. He was credited…
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Sheffield v. State, 605 So. 2d 1323 (Fla. 1st DCA 1992)…habitual violent felony offender statute for enhancing the sentence of a defendant convicted of a life felony.” Johnson v. State, 568 So. 2d 519, 520 (Fla. 1st DCA 1990); accord, Graham v. State, 583 So. 2d 1107 (Fla. 1st DCA 1991); White v. State, 589 So. 2d 1014 (Fla. 2d DCA 1991); Walker v. State, 580 So. 2d 281 (Fla. 4th DCA 1991); Power v. State, 568 So. 2d 511 (Fla. 5th DCA 1990); contra, Lamont v. State, 597 So. 2d 823 (Fla. 3d DCA 1992) (certifying conflict with the other four district courts of appea…
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- McKINNEY v. State, 585 So. 2d 318 (Fla. 2d DCA 1991)