Opinion
Case No. 96-2172
Opinion filed August 6, 1997.
An Appeal from the Circuit Court for Dade County, Michael Chavies, Judge.
Bennett H. Brummer, Public Defender, and Mark Graham Hanson, Special Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Sylvie Perez Posner, Assistant Attorney General, for appellee.
Before JORGENSON, GERSTEN, and FLETCHER, JJ.
We affirm defendant's conviction, but vacate his sentence and remand for resentencing.
The trial judge sentenced defendant under the mistaken belief that when sentencing defendant as a habitual offender, he was required to impose a mandatory minimum term. The imposition of a mandatory minimum is permissive. Frye v. State, 690 So.2d 629 (Fla. 3d DCA 1997). As in Frye, the trial court in this case is, of course, free to exercise its discretion on remand to impose a mandatory minimum.
Affirmed in part; vacated in part; remanded.