THE STATE OF FLORIDA, APPELLANT,
v.
WILLIAM CHARLES EASON
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The court held that the 'shall sentence' provision in the habitual offender statute is permissive, not mandatory, allowing the trial court discretion in sentencing.
The State appealed a sentence imposed under the habitual offender statute after the defendant was adjudicated guilty of various offenses. The trial co…
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PER CURIAM.
The State appeals from a sentence imposed pursuant to the habitual offender statute, section 775.084, Florida Statutes (1989). We affirm.
After adjudicating the defendant guilty of various offenses, the trial court declared the defendant a violent habitual offender and sentenced him to twenty-five years in prison for armed robbery. The State argues that under section 775.084(4)(b), the trial court was bound to sentence the defendant to life in prison with no eligibility for release for fifteen years. We disagree. “Contrary to the State’s assertion, the ‘shall sentence’ provision of the habitual offender statute ... is permissive, not mandatory.” Henry v. State, 581 So. 2d 928 (Fla. 3d DCA 1991) (citations omitted). See also Smith v. State, 574 So. 2d 1195 (Fla. 3d DCA 1991). As we did in Henry, we certify conflict with State v. Allen, 573 So. 2d 170 (Fla. 2d DCA 1991); Pittman v. State, 570 So. 2d 1045 (Fla. 1st DCA 1990), rev. denied, 581 So. 2d 166 (Fla.1991); and Donald v. State, 562 So. 2d 792 (Fla. 1st DCA 1990), rev. denied, 576 So. 2d 291 (Fla.1991).1
Affirmed; conflict certified.
. We note that the Florida Supreme Court has accepted jurisdiction to decide this issue. State v. Washington, 582 So. 2d 623 (Fla.1991).
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Cited By
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State v. Eason, 592 So. 2d 676 (Fla. 1992)…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.…
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Baker v. State, 591 So. 2d 959 (Fla. 2d DCA 1991)…Allen, 573 So. 2d 170 (Fla. 2d DCA 1991) and Walsingham v. State, 576 So. 2d 365 (Fla. 2d DCA 1991). We also note apparent conflict with State v. Brown, 530 So. 2d 51 (Fla.1988), Henry v. State, 581 So. 2d 928 (Fla. 3d DCA 1991) and State v. Eason, 592 So. 2d 1106 (Fla. 3d DCA 1991). SCHEB, A.C.J., and THREADGILL and ALTENBERND, JJ., concur.…
Authorities 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)
- Smith v. State, 574 So. 2d 1195 (Fla. 3d DCA 1991)
- State v. Allen, 573 So. 2d 170 (Fla. 2d DCA 1991)
- Henry v. State, 581 So. 2d 928 (Fla. 3d DCA 1991)