From Casetext: Smarter Legal Research

Perkins v. State

District Court of Appeal of Florida, First District
May 9, 1994
635 So. 2d 1086 (Fla. Dist. Ct. App. 1994)

Opinion

No. 92-3202.

May 9, 1994.

An appeal from the Circuit Court for Duval County; R. Hudson Olliff, Judge.

Nancy A. Daniels, Public Defender, Glen P. Gifford, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for appellee.


Appellant, Jimmy Lee Perkins, appeals his conviction and sentence for trafficking in cocaine while carrying a firearm. Appellant argues that the trial court erred in sentencing appellant as an habitual offender for armed trafficking in cocaine because the offense is a life felony for which no habitualized sanction is authorized. The state concedes error in the sentencing based on the Florida Supreme Court's decision in Lamont v. State, 610 So.2d 435 (Fla. 1992). Finding no reversible error as to the conviction, we affirm appellant's conviction. We reverse appellant's sentence and remand for resentencing under the guidelines.

AFFIRMED in part, REVERSED in part and REMANDED for resentencing.

MINER, MICKLE and DAVIS, JJ., concur.


Summaries of

Perkins v. State

District Court of Appeal of Florida, First District
May 9, 1994
635 So. 2d 1086 (Fla. Dist. Ct. App. 1994)
Case details for

Perkins v. State

Case Details

Full title:JIMMY LEE PERKINS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: May 9, 1994

Citations

635 So. 2d 1086 (Fla. Dist. Ct. App. 1994)