Pollard v. State, 89-1651
| Decision Date | 16 May 1990 |
| Docket Number | No. 89-1651,89-1651 |
| Citation | 561 So.2d 29 |
| Parties | 15 Fla. L. Weekly D1340 Maureen POLLARD, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Miles Ferris, Asst. Atty. Gen., West Palm Beach, for appellee.
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).
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Murray v. State, 91-1450
...and which were not pardoned or set aside later. To reach the result in King, we had to recede from our decision in Pollard v. State, 561 So.2d 29 (Fla. 4th DCA 1990). Pollard was based on Shull v. Dugger, 515 So.2d 748 (Fla.1987), where the court held that, after a habitual offender sentenc......