History
  • No items yet
midpage
Martinez v. State
625 So. 2d 1306
Fla. Dist. Ct. App.
1993
Check Treatment
GODERICH, Judge.

The State concedes that the defendant’s sentence as a habitual violent felony offender on the basis of a prior aggravated battery must be reversed. The amendment to the habitual violent felony offender statute adding aggravated battery as one of the felonies that would support habitualization was not in effect on the date that the defendant committed the offense for which he was being sentenced. See State v. Johnson, 616 So.2d 1 (Fla.1993).

The defendant contends that upon re-sentencing he must be sentenced within the guidelines. We agree. At the original sentencing hearing, the defendant was not sentenced as a habitual felony offender, even though the State requested the trial court to do so. Then, upon remand after a successful appeal, the trial court sentenced the defendant as a habitual violent felony offender. The trial court’s initial decision not to sentence the defendant as a habitual offender precludes such a sentence on remand. Grimes v. State, 616 So.2d 996, 998 (Fla. 1st DCA1992), review dismissed, 617 So.2d 319 (Fla.1993). Accordingly, we reverse and remand for resentencing within the guidelines.

Case Details

Case Name: Martinez v. State
Court Name: District Court of Appeal of Florida
Date Published: Nov 2, 1993
Citation: 625 So. 2d 1306
Docket Number: No. 92-1540
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.