Taylor v. State, 576 So. 2d 968

PER CURIAM.

We vacate the defendant’s sentence as an habitual violent felony offender (section 775.084(4)(b)2., Florida Statutes) imposed on remand after our reversal in Taylor v. State, 558 So.2d 1092 (Fla. 5th DCA 1990) of the defendant’s original sentence as an habitual felony offender (section 775.-084(4)(a)2., Florida Statutes), because the sentence after remand constitutes punishment more harsh than the sentence reversed on the first appeal (the habitual violent felony offender includes a 10 year minimum mandatory sentence) and, is therefore prone to discourage appeals in violation of constitutional due process and the dictates of North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969).

SENTENCE VACATED; CAUSE REMANDED FOR RESENTENCING.

COWART, GRIFFIN and DIAMANTIS, JJ., concur.

Case Details

Case Name: Taylor v. State

Court Name: District Court of Appeal of Florida

Date Published: Apr 4, 1991

Citations: 576 So. 2d 968; 1991 Fla. App. LEXIS 2995; 1991 WL 44908; No. 90-1509

Docket Number: No. 90-1509

Court Abbreviation: Fla. Dist. Ct. App.