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DURANT v. STATE

No. 91-03057.

609 So.2d 774 (1992)

Willie Lee DURANT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 18, 1992.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Cecilia A. Traina, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dale E. Tarpley, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant was sentenced as a habitual offender to life imprisonment pursuant to section 775.084(4)(b)(1), Florida Statutes (1989). In Burdick v. State, 594 So.2d 267 (Fla. 1992), the supreme court held that sentencing under the above statute was permissive, not mandatory. Because it is probable that the trial judge thought that a life sentence was mandatory, we reverse...

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