Opinion
No. 91-03057.
December 18, 1992.
Appeal from the Circuit Court for Hillsborough County; Manuel Menendez, Jr., Judge.
James Marion Moorman, Public Defender, and Cecilia A. Traina, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Dale E. Tarpley, Asst. Atty. Gen., Tampa, for appellee.
Appellant was sentenced as a habitual offender to life imprisonment pursuant to section 775.084(4)(b)(1), Florida Statutes (1989). In Burdick v. State, 594 So.2d 267 (Fla. 1992), the supreme court held that sentencing under the above statute was permissive, not mandatory. Because it is probable that the trial judge thought that a life sentence was mandatory, we reverse the sentence and remand for reconsideration in light of Burdick. Otherwise, affirmed.
CAMPBELL, A.C.J., and SCHOONOVER and HALL, JJ., concur.