MICHAEL ANTHONY HEZEKIAH, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
MICHAEL ANTHONY HEZEKIAH, PETITIONER,
STATE OF FLORIDA, RESPONDENT
506 So. 2d 392
Florida Supreme Court (1987)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We have jurisdiction under article V, section 3(b)(4), Florida Constitution, to answer a certified question of great public importance:
Whether Fla.R.Crim.P. 3.191(i)(4) is applicable to a criminal case wherein the defendant is taken into custody prior to January 1,1985, 12:01 A.M., the effective date of the above-stated rule.
State v. Hezekiah, 503 So. 2d 907 (Fla. 3d DCA 1986). We answered the question posed here affirmatively in Bloom v. McKnight, 502 So. 2d 422 (Fla.1987). We approve the decision below.
It is so ordered.
MCDONALD, C.J., and OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Natal Rasul v. State, 506 So. 2d 1075 (Fla. 2d DCA 1987)…ion that the habitual offender act can be utilized in those instances in which the permitted guidelines range exceeds the statutory maximum for the offense charged. Florida Rules of Criminal Procedure Re: Sentencing Guidelines (Rules 3.701 & 3.988), 506 So. 2d 392 (Fla.1987) (Grimes, J., specially concurring). In any event, the issue has become moot in this case by the recalculation of the defendant’s scoresheet to reflect a recommended range below the statutory maximum. Since the trial judge was without jur…
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Patterson v. State, 506 So. 2d 1143 (Fla. 2d DCA 1987)…a.1986). While the habitual offender status is no longer a proper reason to depart from the guidelines and its use to enhance the statutory maximum sentence is questionable (see opinion, Florida Rules of Criminal Procedure Re: Sentencing Guidelines, 506 So. 2d 392 (Fla. 1987) (Grimes, J., concurring); Whitehead v. State, 498 So. 2d 863 (Fla.1986)), appellant’s use of a firearm may be used to enhance the statutory maximum punishment allowed under sections 775.084 and 775.087, Florida Statutes (1985). Myers v.…
Authorities Cited
- Bloom v. McKNIGHT, 502 So. 2d 422 (Fla. 1987)
- State v. Hezekiah, 503 So. 2d 907 (Fla. 3d DCA 1986)
- Goldwire v. State, 503 So. 2d 907 (Fla. 3d DCA 1986)