History
  • No items yet
midpage
Bey v. State
695 So. 2d 1268
Fla. Dist. Ct. App.
1997
Check Treatment
PARIENTE, Judge.

We are compelled to reverse defendant’s habitual offender sentence based on the authority of King v. State, 681 So.2d 1136 (Fla.1996). The trial court did not have the benefit of King when it imposed a habitual offender sentence after finding defendant violated his probation.

Just as in King, the trial court here imposed a guidelines sentence at the time of the original sentencing, declining the state’s request to sentence defendant as a habitual felony offender. After serving the imprisonment portion of his sentence, defendant violated his probation. Because defendant was not originally sentenced as a habitual offender, the trial court could not sentence him as a habitual offender upon revocation of probation. Id. at 1140.

Accordingly, the sentence in this case is vacated and the cause remanded for the trial court to impose a sentence within the guidelines.

GLICKSTEIN and GROSS, JJ., concur.

Case Details

Case Name: Bey v. State
Court Name: District Court of Appeal of Florida
Date Published: Jun 18, 1997
Citation: 695 So. 2d 1268
Docket Number: No. 96-2381
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.