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Banks v. State

District Court of Appeal of Florida, Fourth District
May 7, 1997
692 So. 2d 1008 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-1902

Opinion filed May 7, 1997

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Karen L. Martin, Judge; L.T. Case Nos. 91-10845CF A02, 91-8902CF A02, 93-13236CF A02, 94-727CF A02.

Richard L. Jorandby, Public Defender, and Louis G. Carres, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Aubin Wade Robinson, Assistant Attorney General, West Palm Beach, for appellee.


We reverse appellant's habitual offender sentences in two cases, 94-727CF A02 and 93-13236CF A02, imposed upon his probation revocation. At the time of appellant's original conviction and sentence in these cases, there was no determination of habitualization made by the trial court nor does the record reflect knowledge by appellant at that time of the mandatory minimum sentence and loss of gain time. See State v. Blackwell, 661 So.2d 282 (Fla. 1995).

GUNTHER, C.J., GLICKSTEIN and DELL, JJ., concur.


Summaries of

Banks v. State

District Court of Appeal of Florida, Fourth District
May 7, 1997
692 So. 2d 1008 (Fla. Dist. Ct. App. 1997)
Case details for

Banks v. State

Case Details

Full title:CRAIG BANKS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: May 7, 1997

Citations

692 So. 2d 1008 (Fla. Dist. Ct. App. 1997)