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BEY v. STATE

No. 96-2381.

695 So.2d 1268 (1997)

Wendell BEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 18, 1997.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Mallorye G. Cunningham, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.

PARIENTE, Judge.

We are compelled to reverse defendant's habitual offender sentence based on the authority of King v. State, 681 So.2d 1136 (Fla. 1996). The trial court did not have the benefit of King when it imposed a habitual offender sentence after finding defendant violated his probation.

Just as in King, the trial court here imposed a guidelines sentence at the time of the original sentencing,...

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