Jackson v. State

We affirm Leon Jackson’s conviction but reverse his sentence. After the jury found Jackson guilty of burglary of a dwelling and petit theft, the trial court held a sentencing hearing and stated: “Well, the problem that you have is because you’re a violent career criminal, a GORT, the law says I’ve got to sentence you to a 30-year minimum/mandatory. There’s nothing I can do.”

The court then sentenced Jackson as a violent career criminal under section 775.084(l)(d), Florida Statutes (2003), and imposed a sentence, on count one, of forty years in state prison with a thirty-year mandatory minimum;…