LUIS JACINTO ZEQUEIRA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Luis Zequeira, the defendant, was found guilty of unlawful possession of a firearm by a convicted felon and sentenced as a habitual violent felony offender to fifteen years imprisonment with a ten year minimum mandatory term. At sentencing, the trial court indicated it was imposing the sentence because it believed the minimum mandatory requirement was not discretionary. This is incorrect.
Sentencing under the habitual offender statute as well as the imposition of minimum mandatory terms is permissive, not mandatory. Walsingham v. State, 602 So. 2d 1297 (Fla.1992); Daniels v. State, 634 So. 2d 187 (Fla. 3d DCA 1994). Accordingly, we remand the ease for resentencing. In all other respects, the judgment below is affirmed.
Affirmed in part; reversed and remanded for resentencing.
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State v. Freddy Morales, 678 So. 2d 510 (Fla. 3d DCA 1996)…PER CURIAM. Affirmed. Burdick v. State, 594 So. 2d 267 (Fla.1992); State v. Eason, 592 So. 2d 676 (Fla.1992); Zequeira v. State, 671 So. 2d 279, 279 (Fla. 3d DCA 1996)(“Sentencing under the habitual offender statute as well as the imposition of minimum mandatory terms is permissive, not mandatory.”). JORGENSON and SHEVIN, JJ., concur.…1 / 2
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Hudson v. State, 682 So. 2d 657 (Fla. 3d DCA 1996)…027 (Fla. 5th DCA 1995). The imposition of minimum mandatory terms under the habitual offender statute is permissive, not mandatory, so the sentence imposed is not illegal.2 See State v. Morales, 678 So. 2d 510 (Fla. 3d DCA 1996); Zequeira v. State, 671 So. 2d 279 (Fla. 3d DCA 1996). Furthermore, if the trial judge had resen-tenced the defendant to a greater term of imprisonment subsequent to the entry of a jurisdictionally permissible term, it would have constituted double jeopardy. Evans v. State, 675 So. 2…
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Frye v. State, 690 So. 2d 629 (Fla. 3d DCA 1997)…cing a defendant as an habitual offender, he had no discretion and was required to impose the mandatory minimum term. As the imposition of mandatory minimum terms is permissive, not mandatory,1 we remand the case for resentencing. Zequeira v. State, 671 So. 2d 279 (Fla. 3d DCA 1996). On remand, the trial judge is free to exercise the sentencing discretion permitted by the habitual violent offender statute. We also note concerning resentencing that, as to the conviction for burglary with assault or battery (…
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- Daniels v. State, 634 So. 2d 187 (Fla. 3d DCA 1994)
- Walsingham v. State, 602 So. 2d 1297 (Fla. 1992)