Pollard v. State
District Court of Appeal of Florida
1Per curiam
We affirm the conviction, but reverse the sentence and remand for resentencing. The trial court erred in sentencing the appellant as a habitual offender without making the requisite determination, pursuant to section 775.084, Florida Statutes (1987), that an extended term of imprisonment is necessary for the protection of the public. The newly imposed sentence must be within the guidelines pursuant to Shull v. Dugger, 515 So.2d 748 (Fla.1987).
ANSTEAD, GLICKSTEIN and POLEN, JJ., concur.
2Cases cited1 opinion
- Shull v. DuggerSupreme Court of Florida · 1987
3Cited by2 opinions
- King v. StateDistrict Court of Appeal of Florida · 1991
- Murray v. StateDistrict Court of Appeal of Florida · 1992