PATRICK MICHAEL KELLY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court affirmed robbery and aggravated assault convictions but reversed the mandatory life sentence for habitual violent felony offender status, holding that sentencing under the habitual offender statute is discretionary rather than mandatory.
Sentencing under the habitual violent felony offender statute is discretionary, not mandatory, and a trial court may decline to impose a life sentence.
[1] Sentencing under the habitual violent felony offender statute is discretionary, and a trial court may decline to impose a life sentence.
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Join FLexlaw to unlock all legal intelligenceKelly was convicted of robbery with a deadly weapon and aggravated assault. The trial court imposed a mandatory life sentence as a habitual violent fe…
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DANAHY, Acting Chief Judge.
The appellant seeks a new trial on charges of robbery with a deadly weapon and aggravated assault, and reversal of his habitual violent felony offender sentence for robbery with a deadly weapon. We affirm the appellant’s convictions but reverse the habitual violent felony offender sentence.
The record shows that the trial court felt it had no option as to sentencing under the habitual offender statute and was required to impose a life sentence based on this court’s decision in Walsingham v. State, 590 So. 2d 1112 (Fla. 2d DCA 1991). Following its decision in Burdick v. State, 594 So. 2d 267 (Fla.1992), the supreme court reversed our Walsingham decision. Walsingham v. State, 602 So. 2d 1297 (Fla.1992). Accordingly, reversal of the habitual offender sentence in this ease is required so that the trial court may determine a sentence with knowledge that it has discretion to decline to impose a life sentence.
We reverse with directions that the trial court reconsider the appellant’s habitual violent felony offender sentence in light of the supreme court’s determination that sentencing under the habitual offender statute is discretionary.
Affirmed in part and reversed in part.
HALL and PATTERSON, JJ., concur.
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Citator
Cited By
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Kelly v. State, 727 So. 2d 1084 (Fla. 2d DCA 1999)…lant was convicted and sentenced for robbery with a deadly weapon and [*1085] aggravated assault, he appealed, and this court reversed the habitual violent felony offender sentence for the robbery with a deadly weapon conviction. See Kelly v. State, 629 So. 2d 325 (Fla. 2d DCA 1993). The case was remanded, and the trial court resentenced the appellant. In the instant appeal, the appellant contends that the trial court erred in resen-tencing him on the robbery with a weapon charge by imposing the fifteen-year…
Authorities Cited
- Burdick v. State, 594 So. 2d 267 (Fla. 1992)
- Walsingham v. State, 602 So. 2d 1297 (Fla. 1992)
- Smith v. State, 590 So. 2d 1112 (Fla. 2d DCA 1991)
- Walsingham v. State, 590 So. 2d 1112 (Fla. 2d DCA 1991)