Legal Opinion

Pollard v. State

District Court of Appeal of Florida

Decided May 16, 1990No. 89-1651PublishedCited by 2 opinions

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

  1. Shull v. DuggerSupreme Court of Florida · 1987

3Cited by2 opinions

  1. King v. StateDistrict Court of Appeal of Florida · 1991
  2. Murray v. StateDistrict Court of Appeal of Florida · 1992