Pollard v. State, 561 So. 2d 29

PER CURIAM.

We affirm the conviction, but reverse the sentence and remand for resentencing. The trial court erred in sentencing the appellant as a habitual offender without making the requisite determination, pursuant to section 775.084, Florida Statutes (1987), that an extended term of imprisonment is necessary for the protection of the public. The newly imposed sentence must be within the guidelines pursuant to Shull v. Dugger, 515 So.2d 748 (Fla.1987).

ANSTEAD, GLICKSTEIN and POLEN, JJ., concur.

Case Details

Case Name: Pollard v. State

Court Name: District Court of Appeal of Florida

Date Published: May 16, 1990

Citations: 561 So. 2d 29; 1990 Fla. App. LEXIS 3362; 1990 WL 64143; No. 89-1651

Docket Number: No. 89-1651

Court Abbreviation: Fla. Dist. Ct. App.