Opinion
No. 79054.
June 4, 1992.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Second District — Case No. 90-01426 (Sarasota County).
James Marion Moorman, Public Defender and John S. Lynch, Asst. Public Defender, Bartow, for petitioner.
Robert A. Butterworth, Atty. Gen. and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for respondent.
We have for review Baker v. State, 591 So.2d 959 (Fla. 2d DCA 1991), in which the Second District Court of Appeal affirmed the trial court's holding that a life sentence is mandatory under the habitual offender statute when a defendant is habitualized on a first-degree felony. We accept jurisdiction and remand the case for reconsideration in light of our decision in Burdick v. State, 594 So.2d 267 (Fla. 1992).
§ 775.084, Fla. Stat. (1989).
Art. V, § 3(b)(3), and Jollie v. State, 405 So.2d 418 (Fla. 1981).
It is so ordered.
SHAW, C.J., and OVERTON, McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.