Albritton v. State

We have for review Albritton v. State, 681 So.2d 759 (Fla. 5th DCA 1996), which conflicts with this Court’s recent opinion in King v. State, 681 So.2d 1136 (Fla.1996). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

In King, we held that where a trial judge determines that a defendant qualifies as a habitual offender but imposes a non-habitual offender sentence of imprisonment followed by probation, upon a subsequent violation of probation by the defendant, the trial judge on resentencing may not impose a habitual offender sentence. 681 So.2d at 1141. Under Rule 3.701(d)(14) of the…