Kelly v. State

DANAHY, Acting Chief Judge.

The appellant seeks a new trial on charges of robbery with a deadly weapon and aggravated assault, and reversal of his habitual violent felony offender sentence for robbery with a deadly weapon. We affirm the appellant’s convictions but reverse the habitual violent felony offender sentence.

The record shows that the trial court felt it had no option as to sentencing under the habitual offender statute and was required to impose a life sentence based on this court’s decision in Walsingham v. State, 590 So.2d 1112 (Fla. 2d DCA 1991). Following its decision in Burdick…