Michael Barrett v. State

Appellant challenges the legality of his sentence, claiming that the trial court failed to pronounce him a habitual offender when it mitigated his sentence pursuant to Florida Rule of .Criminal Procedure 3.800(c). Because the trial court did orally pronounce his habitual offender status at the original sentencing, the court properly sentenced him as a habitual offender, and we conclude that the mitigation of his sentencing does not constitute a de novo re-sentencing.

Appellant was convicted after trial of second degree murder with a firearm, armed burglary of a dwelling, and attempted robbery…