STATE OF FLORIDA, PETITIONER,
v.
WILLIAM CHARLES EASON, RESPONDENT
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Sentencing under the habitual violent felony offender statute is permissive, not mandatory.
The State appealed a sentence imposed under the habitual offender statute, arguing the trial court was required to impose the maximum penalty. The def…
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PER CURIAM.
We have for review State v. Eason, 592 So. 2d 1106 (Fla. 3d DCA 1991), in which the district court certified conflict with State v. Allen, 573 So. 2d 170 (Fla. 2d DCA 1991); Pittman v. State, 570 So. 2d 1045 (Fla. 1st DCA 1990), review denied, 581 So. 2d 166 (Fla.1991); and Donald v. State, 562 So. 2d 792 (Fla. 1st DCA 1990), review denied, 576 So. 2d 291 (1991).*
Eason was convicted of armed robbery and sentenced as a habitual violent felony offender under section 775.084(4)(b)(l), Florida Statutes (1989), to twenty-five years in prison. The State appealed the sentence and the district court affirmed.
The State argues that sentencing under the habitual offender statute is mandatory, not permissive, and thus the trial court was required to sentence the defendant to life in prison without eligibility for release for fifteen years, the maximum penalty set forth in the statute.
We rejected the State’s interpretation of the habitual offender statute and disapproved Donald in Burdick v. State, No. 78,466 — So. 2d - (Fla. Feb. 6, 1992), where we held that sentencing under both sections 775.084(4)(a)(l) and 775.084(4)(b)(l) is permissive, not mandatory.
Accordingly, we approve the opinion below and disapprove Allen and Pittman to the extent they are inconsistent with our opinion in Burdick.
It is so ordered.
SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur. OVERTON, J., dissents.
*
We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Hudson, 698 So. 2d 831 (Fla. 1997)…whether a defendant will be sentenced as an habitual felony offender. Consistent with Burdick and its progeny, we conclude that the court’s sentencing discretion extends to determining whether to impose a mandatory minimum term. Cf. State v. Eason, 592 So. 2d 676 (Fla.1992) (rejecting State’s argument that trial court was required to sentence habitual violent felony offender to life term without eligibility for release for fifteen years; approving sentence of twenty-five years imposed by trial court and affi…
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State v. Kendrick, 596 So. 2d 1153 (Fla. 5th DCA 1992)…ollows: 1. In the case of a felony of the first degree, for life[,] does not make imposition of a life sentence mandatory but rather makes it permissive with the trial court. See also State v. Washington, 594 So. 2d 291 (Fla.1992); State v. Eason, 592 So. 2d 676 (Fla.1992). Brown and Burdick do not control here where the operative phrases are “shall sentence” and “for a term of years”. Neither case holds that a trial court may impose straight probation upon a defendant determined to be an habitual felony o…
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Newell v. State, 714 So. 2d 434 (Fla. 1998)…whether a defendant will be sentenced as an habitual felony offender. Consistent with Burdick and its progeny, we conclude that the court’s sentencing discretion extends to determining whether to impose a mandatory minimum term. Cf. State v. Eason, 592 So. 2d 676 (Fla.1992) (rejecting State’s argument that trial court was required to sentence habitual violent felony offender to life term without eligibility for release for fifteen years; approving sentence of twenty-five years imposed by trial court and affi…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pittman v. State, 570 So. 2d 1045 (Fla. 1st DCA 1990)
- Vermon T. Donald v. State, 562 So. 2d 792 (Fla. 1st DCA 1990)
- State v. Allen, 573 So. 2d 170 (Fla. 2d DCA 1991)
- State v. Eason, 592 So. 2d 1106 (Fla. 3d DCA 1991)