Pollard v. State

Full title: MAUREEN POLLARD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: May 16, 1990

561 So. 2d 29 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-1651.

May 16, 1990.

Appeal from the Circuit Court for Broward County; Thomas M. Coker, Jr., Judge.

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Miles Ferris, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm the conviction, but reverse the sentence and remand for resentencing. The trial court erred in sentencing the appellant as a habitual offender without making the requisite determination, pursuant to section 775.084, Florida Statutes (1987), that an extended term of imprisonment is necessary for the protection of the public. The newly imposed sentence must be within the guidelines pursuant to Shull v. Dugger, 515 So.2d 748 (Fla. 1987).

ANSTEAD, GLICKSTEIN and POLEN, JJ., concur.