CHARLES WASHINGTON, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1987-06-19
No. 85-2634
DANAHY, C.J., and SCHEB and CAMPBELL, JJ., concur.
508 So. 2d 565 Florida District Court of Appeal, Second District (1987) Negative Treatment
Cited by 5 cases
Topics
Statutory Maximum Sentence Habitual Offender Sentencing Sentencing Guidelines

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Opinion of the Court
PER CURIAM.

PER CURIAM.

In this appeal, we again consider the question posed by appellant as follows:

WHETHER THE TRIAL COURT ERRED WHEN IT SENTENCED APPELLANT IN EXCESS OF THE STATUTORY MAXIMUM AS A HABITUAL OFFENDER UNDER THE SENTENCING GUIDELINES?

We have addressed that issue in Hoefert v. State, 509 So. 2d 1090 (Fla. 2d DCA 1987), and there answered this question as posed here by appellant in the negative. We therefore affirm appellant’s conviction and sentence and again certify to the supreme court, as a question of great public importance, the question certified in Hoefert as follows:

IS THE HABITUAL OFFENDER STATUTE STILL AN EFFECTIVE BASIS ON WHICH TO EXCEED THE STATUTORY MAXIMUM AS LONG AS THE SENTENCE IMPOSED DOES NOT EXCEED THE GUIDELINES RECOMMENDATION?

Affirmed.

DANAHY, C.J., and SCHEB and CAMPBELL, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Sims v. State, 513 So. 2d 671 (Fla. 2d DCA 1987)
    …ppeal we affirmed the defendant’s conviction and sentence. On rehearing the defendant has requested that we certify to the supreme court the same question we certified in Hoefert v. State, 509 So. 2d 1090 (Fla. 2d DCA 1987), and Washington v. State, 508 So. 2d 565 (Fla. 2d DCA 1987). Accordingly, we grant the defendant’s request and again certify to the supreme court, as a question of great public importance, the question certified in Hoefert and Washington: IS THE HABITUAL OFFENDER STATUTE STILL AN EFFE…
  • Inscho v. State, 521 So. 2d 164 (Fla. 5th DCA 1988)
    …3d DCA 1987); King v. State, 511 So. 2d 1131 (Fla. 4th DCA 1987); Hall v. State, 511 So. 2d 1038 (Fla. 1st DCA 1987); Hoefert v. State, 509 So. 2d 1090 (Fla. 2d DCA 1987); Smith v. Wainwright, 508 So. 2d 768 (Fla. 2d DCA 1987); Washington v. State, 508 So. 2d 565 (Fla. 2d DCA 1987); Hester v. State, 503 So. 2d 1842, 1346 (Fla. 1st DCA 1987); Holmes v. State, 502 So. 2d [*166] 1302 (Fla. 1st DCA 1987); Winters v. State, 500 So. 2d 303 (Fla. 1st DCA 1986); Myers v. State, 499 So. 2d 895 (Fla. 1st DCA 1986). I…
  • Priester v. State, 513 So. 2d 796 (Fla. 4th DCA 1987)
    …the maximum range of the recommended guidelines sentence. This same conclusion has been reached in the following cases from the first and second district courts of appeal: Smith v. Wainwright, 508 So. 2d 768 (Fla. 2d DCA 1987); Washington v. State, 508 So. 2d 565 (Fla. 2d DCA 1987); Hoefert v. State, 509 So. 2d 1090 (Fla. 2d DCA 1987); Winters v. State, 500 So. 2d 303 (Fla. 1st DCA 1986); Myers v. State, 499 So. 2d 895 (Fla. 1st DCA 1986), wherein the respective courts certified to the Supreme Court of Flori…

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