Martin v. State, 91-2335
Decision Date | 20 November 1992 |
Docket Number | No. 91-2335,91-2335 |
Citation | 608 So.2d 571 |
Parties | 17 Fla. L. Week. D2609 Freddie James MARTIN, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant. |
Court | Florida District Court of Appeals |
James B. Gibson, Public Defender and Noel A. Pelella, Asst. Public Defender, Daytona Beach, for appellant/cross-appellee.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for appellee/cross-appellant.
Freddie James Martin was convicted by a jury of attempted possession of a firearm by a convicted felon. The trial court adjudicated Martin guilty, classified him as a habitual violent felony offender, and sentenced him to a term of 10 years in the Department of Corrections with 6 years suspended to be served on probation. Although we find no merit in Martin's contention that the trial court erred by denying his motion to dismiss, we do agree with the State that once the court decided to sentence Martin as a habitual violent felony offender, it was error to fail to impose the minimum mandatory sentence of 5 years required by section 775.084(4)(b)3, Florida Statutes (1991). See Lowe v. State, 605 So.2d 505 (Fla. 5th DCA 1992).
Conviction AFFIRMED; Sentence REVERSED and REMANDED for resentencing.
To continue reading
Request your trial-
State v. Morales
...disagree. See White v. State, 618 So.2d 354 (Fla. 1st DCA 1993); Sims v. State, 605 So.2d 997 (Fla. 2d DCA 1992); Martin v. State, 608 So.2d 571 (Fla. 5th DCA 1992). ...
-
State v. Hudson
...the opinions in White v. State, 618 So.2d 354 (Fla. 1st DCA 1993), Sims v. State, 605 So.2d 997 (Fla. 2d DCA 1992), and Martin v. State, 608 So.2d 571 (Fla. 5th DCA 1992), on the issue of whether the imposition of minimum mandatory terms under the habitual offender statute is permissive or ......
-
Hudson v. State, 96-1927
...on this point, see White v. State, 618 So.2d 354 (Fla. 1st DCA 1993); Sims v. State, 605 So.2d 997 (Fla. 2d DCA 1992); Martin v. State, 608 So.2d 571 (Fla. 5th DCA 1992), although the Fourth District has also held that the imposition of mandatory minimum terms is discretionary. See Green v.......
-
Newell v. State
...courts reached the same conclusion in the other conflict cases. See [Sims v. State 605 So.2d 997 (Fla. 2d DCA 1992) ]; [Martin v. State, 608 So.2d 571 (Fla. 5th DCA 1992) We do not agree with the interpretation imposed by the conflict cases. In Burdick, we explained that even though section......