Jordan v. State
The Third DCA granted Jordan's habeas petition after finding the trial court mistakenly believed a life sentence for burglary was mandatory, rather than permissive, once Jordan was classified as a habitual violent felony offender. Despite prior unsuccessful direct and collateral appeals, the court invoked the manifest injustice exception to the law of the case doctrine to reverse and remand for resentencing, with Jordan entitled to be present and represented by counsel.
Key facts
- Jordan was convicted and sentenced to life imprisonment as a habitual violent felony offender under Florida Statutes section 775.084(4)(b), with prior direct and collateral appeals unsuccessful.
- The trial court imposed the life sentence based on the mistaken belief that such a sentence was mandatory once Jordan was classified as a habitual violent felony offender, rather than discretionary.
- +2 more key facts with a free trial
Why it matters
This opinion is useful to practitioners handling 3.800/habeas challenges to habitual violent felony offender sentences, confirming that life sentences under section 775.084(4)(b) are discretionary rather than mandatory… — full analysis with a trial
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