CHARLES ANDREW WALSINGHAM, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Sentencing under the habitual offender statute is permissive, not mandatory, and trial courts retain discretion.
Walsingham was convicted of arson and sentenced as a habitual offender. The appellate court reversed the sentence, finding it should have been life im…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Conflict Jurisdiction cases and more on FLexlaw
PER CURIAM.
We review Walsingham v. State, 590 So. 2d 1112 (Fla. 2d DCA1991), based on conflict jurisdiction.1
Walsingham was convicted of the first-degree felony of arson and found to be a habitual offender. The trial court sentenced Walsingham to 25 years in prison followed by 20 years probation. The Second District affirmed the conviction but reversed the sentence as illegal, ruling that “the court should have sentenced the defendant to life in accordance with section 775.084(4)(a)l.” Walsingham v. State, 576 So. 2d 365, 366 (Fla. 2d DCA1991). At re-sentencing, the trial court indicated that it preferred the sentence it originally imposed, but was forced to choose between life and the guidelines sentence of 7-9 years. The trial court chose to sentence the petitioner to life as a habitual offender. On appeal, the Second District affirmed Walsingham’s life sentence. Walsingham v. State, 590 So. 2d 1112 (Fla. 2d DCA 1991).
We held in Burdick v. State, 594 So. 2d 267 (Fla.1992), that sentencing under the habitual offender statute is permissive, not mandatory. In this case, the trial court indicated that it did not have discretion to decline to impose a life sentence.
Accordingly, we quash the decision below and remand for the trial court to reconsider Walsingham’s sentence in light of our determination in Burdick that sentencing under the habitual offender statute is discretionary.
It is so ordered.
BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur. . Art. V, § 3(b)(3), Fla. Const.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Hudson, 698 So. 2d 831 (Fla. 1997)…615 So. 2d 823 (Fla. 4th DCA 1993). The State sought review by this Court based upon express and direct conflict. This Court has repeatedly held that sentencing under the habitual offender statute is permissive, not mandatory. Walsingham v. State, 602 So. 2d 1297 (Fla.1992); Burdick v. State, 594 So. 2d 267 (Fla.1992). This discretion extends to sentencing under both section 775.084(4)(a), Florida Statutes (1995), the habitual felony offender provision, and section 775.084(4)(b), the habitual violent felony…
-
Green v. State, 615 So. 2d 823 (Fla. 4th DCA 1993)…e the trial court’s written sentences differ from its oral pronouncements and sentencing under section 775.084(4) is discretionary and does not require the imposition of mandatory minimum terms, we reverse appellant’s sentences. Walsingham v. State, 602 So. 2d 1297 (Fla.1992); cf. Kelly v. State, 414 So. 2d 1117 (Fla. 4th DCA 1982). On remand, we instruct the trial court to conform the written sentences to its oral pronouncements. Tannihill v. State, 559 So. 2d 608 (Fla. 4th DCA 1990). AFFIRMED IN PART; REVE…
-
Newell v. State, 714 So. 2d 434 (Fla. 1998)…as that it was reiterating its holding in Burdick v. State, 594 So. 2d 267 (Fla.1992). The Hudson majority stated: This Court has repeatedly held that sentencing under the habitual offender statute is permissive, not mandatory. Walsingham v. State, 602 So. 2d 1297 (Fla.1992); Burdick v. State, 594 So. 2d 267 (Fla.1992). This discretion extends to sentencing under both section 775.084(4)(a), Florida Statutes (1995), the habitual felony offender provision, and section 775.084(4)(b), the habitual violent felony…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Burdick v. State, 594 So. 2d 267 (Fla. 1992)
- Walsingham v. State, 576 So. 2d 365 (Fla. 2d DCA 1991)
- Smith v. State, 590 So. 2d 1112 (Fla. 2d DCA 1991)
- Walsingham v. State, 590 So. 2d 1112 (Fla. 2d DCA 1991)