Walsingham v. State

FRANK, Chief Judge.

On May 25,1989, Charles Walsingham was convicted of arson, a first degree felony, and found to be a habitual offender. He received a split sentence composed of 25 years in prison followed by 20 years of probation. In our initial review of this matter we affirmed Walsingham’s conviction, but we reversed the sentence because the prevailing rule was that the habitual offender statute mandated “life in accordance with section 775.084(4)(a)l.” Walsingham, v. State, 576 So.2d 365, 366 (Fla. 2d DCA 1991). Upon remand the trial court noted that it was empowered to choose between a…