LEE FRANK ADAMS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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LETTS, Judge.
The defendant raises the issue that the trial court erred in holding that it was mandatory, under section 775.084(4)(b), Florida Statutes (1991), to sentence the defendant to a life sentence for a first degree felony.
Under Burdick v. State, 594 So. 2d 267 (Fla.1992), sentencing, under the habitual felony offender and habitual violent felony statutes, is permissive, not mandatory. Thus, the trial court has the discretion to impose any sentence up to life imprisonment for a first degree felony. If the trial court decides that such a sentence is not necessary, it does not have to impose such a severe sentence. Williams v. State, 596 So. 2d 791 (Fla. 4th DCA 1992).
The state concedes that the trial court felt it had no choice other than to enhance the defendant’s sentence, under section 775.084(4)(b).
We find no error in the other points on appeal.
REVERSED AND REMANDED FOR RESENTENCING.
STONE and POLEN, JJ., concur.
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Johnson v. State, 9 So. 3d 640 (Fla. 4th DCA 2009)…s corpus. We conclude that Johnson is entitled to the same relief as the defendant in Stephens. As Johnson has pointed out, this court granted Burdick relief to other defendants whose direct appeals were contemporary with Johnson’s. Adams v. State, 617 So. 2d 474 (Fla. 4th DCA 1993); Williams v. State, 596 So. 2d 791 (Fla. 4th DCA 1992). In fact, our Williams decision was cited by Johnson’s appellate counsel on direct appeal. The record discloses factors supporting a sentence significantly less than Johnson…
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Junior Alexander GUY v. State, 632 So. 2d 1085 (Fla. 5th DCA 1994)…h DCA 1993). Sentencing under the statute is, however, discretionary. Id. Thus, the trial court in this case had the discretion to impose any sentence up to life imprisonment for appellant’s commission of the first degree felony. See Adams v. State, 617 So. 2d 474 (Fla. 4th DCA 1993). The trial court’s comments at the sentencing hearing show that the court was initially concerned as to whether appellant qualified as an habitual violent felony offender. Once the court satisfied itself that he indeed qualified…
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Broadway v. State, 179 So. 3d 560 (Fla. 4th DCA 2015)…ent [felony] offender statute appears to be incorrect when read literally.” The state then properly cites case law for the proposition that sentencing under the habitual violent felony offender statute “is permissive, not mandatory.” Adams v. State, 617 So. 2d 474, 474 (Fla. 4th DCA 1993). We agree with the state’s concession. See § 775.084(1)(b), Fla. Stat. (2012) (“ ‘Habitual violent felony offender’ means a defendant for whom the court may impose an extended term of imprisonment, as provided in paragraph…
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- Burdick v. State, 594 So. 2d 267 (Fla. 1992)
- Williams v. State, 596 So. 2d 791 (Fla. 4th DCA 1992)