Williams v. State

This is the second appeal in this case. In the first appeal we remanded for a sentence within the guidelines because of an error in imposing a habitual offender sentence for the appellant’s convictions. Williams v. State, 630 So.2d 676 (Fla. 2d DCA 1994). Upon remand the trial court imposed a sentence within the guidelines permitted range but which was a greater number of years than the original habitualized sentence. The appellant contends this resentencing to a guidelines permitted sentence violated North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969). We disagree…