WENDELL BEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PARIENTE, Judge.
We are compelled to reverse defendant’s habitual offender sentence based on the authority of King v. State, 681 So. 2d 1136 (Fla.1996). The trial court did not have the benefit of King when it imposed a habitual offender sentence after finding defendant violated his probation.
Just as in King, the trial court here imposed a guidelines sentence at the time of the original sentencing, declining the state’s request to sentence defendant as a habitual felony offender. After serving the imprisonment portion of his sentence, defendant violated his probation. Because defendant was not originally sentenced as a habitual offender, the trial court could not sentence him as a habitual offender upon revocation of probation. Id. at 1140.
Accordingly, the sentence in this case is vacated and the cause remanded for the trial court to impose a sentence within the guidelines.
GLICKSTEIN and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Pliny H. Sohl v. State, 710 So. 2d 676 (Fla. 5th DCA 1998)…r but declines to impose an habitual offender sentence, the court cannot later sentence defendant as an habitual offender after a violation of probation, unless defendant agreed to such sentencing as part of the original plea bargain); Bey v. State, 695 So. 2d 1268 (Fla. 4th DCA 1997) (once the court declines to sentence defendant as an habitual offender, the court is bound to sentence defendant under the guidelines after a revocation of probation and cannot habitualize defendant); Tuck v. State, 632 So. 2d 66…
Authorities Cited
- King v. State, 681 So. 2d 1136 (Fla. 1996)