FREDDIE JAMES MARTIN, APPELLANT/CROSS-APPELLEE,
v.
STATE OF FLORIDA, APPELLEE/CROSS-APPELLANT
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PER CURIAM.
Freddie James Martin was convicted by a jury of attempted possession of a firearm by a convicted felon. The trial court adjudicated Martin guilty, classified him as a habitual violent felony offender, and sentenced him to a term of 10 years in the Department of Corrections with 6 years suspended to be served on probation. Although we find no merit in Martin’s contention that the trial court erred by denying his motion to dismiss, we do agree with the State that once the court decided to sentence Martin as a habitual violent felony offender, it was error to fail to impose the minimum mandatory sentence of 5 years required by section 775.084(4)(b)3, Florida Statutes (1991). See Lowe v. State, 605 So. 2d 505 (Fla. 5th DCA 1992).
Conviction AFFIRMED; Sentence REVERSED and REMANDED for resentencing.
GOSHORN, C.J., and W. SHARP and GRIFFIN, JJ., concur.
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State v. Hudson, 698 So. 2d 831 (Fla. 1997)…ave for review Hudson v. State, 682 So. 2d 657 (Fla. 3d DCA 1996), which expressly and directly conflicts with the opinions in White v. State, 618 So. 2d 354 (Fla. 1st DCA 1993), Sims v. State, 605 So. 2d 997 (Fla. 2d DCA 1992), and Martin v. State, 608 So. 2d 571 (Fla. 5th DCA 1992), on the issue of whether the imposition of minimum mandatory terms under the habitual offender statute is permissive or mandatory. We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution. Jimmy Hu…
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State v. Frye, 699 So. 2d 1010 (Fla. 1997)…PER CURIAM. We have for review Frye v. State, 690 So. 2d 629 (Fla. 3d DCA 1997), which expressly and directly conflicts with White v. State, 618 So. 2d 354 (Fla. 1st DCA 1993); Sims v. State, 605 So. 2d 997 (Fla. 2d DCA 1992); and Martin v. State, 608 So. 2d 571 (Fla. 5th DCA 1992). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. In accordance with our decision in State v. Hudson, 698 So. 2d 831 (Fla.1997), we approve the decision below. KOGAN, C.J., and OVERTON, SHAW, HARDING and ANSTEAD, JJ., concu…
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- Lowe v. State, 605 So. 2d 505 (Fla. 5th DCA 1992)