TERRY JOHNSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
TERRY JOHNSON, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
513 So. 2d 1388
Florida District Court of Appeal, Third District (1987)
Positive Treatment
Cited by 6 cases
Topics
Explore caselaw by topic → Browse Habitual Offender Sentencing cases and more on FLexlaw
Opinion of the Court
PER CURIAM.
Affirmed. Mulvey v. State, 41 So. 2d 156 (Fla.1949); Myers v. State, 499 So. 2d 895 (Fla. 1st DCA 1986). This case presents the same question certified in Bellinger v. State, 513 So. 2d 732 (Fla. 3d DCA 1987), Reid v. State, 512 So. 2d 1161 (Fla. 3d DCA 1987), and Condiles v. State, 512 So. 2d 331 (Fla. 3d DCA 1987).
Accordingly, we certify the following question to the Florida supreme court so that this case may be paired for review with Bellinger, Reid, Condiles, Hoefert v. State, 509 So. 2d 1090 (Fla. 2d DCA 1987), Winters v. State, 500 So. 2d 303 (Fla. 2d DCA 1986) and Myers:
IS USE OF THE HABITUAL OFFENDER STATUTE TO EXCEED THE STATUTORILY PRESCRIBED MAXIMUM SENTENCE FOR THE OFFENSE PRECLUDED WHERE THE SENTENCE IMPOSED DOES NOT EXCEED THE RECOMMENDED GUIDELINE SENTENCE?
Affirmed and certified.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cardinal Scott v. State, 519 So. 2d 734 (Fla. 3d DCA 1988)…sentence for the substantive crime, which, in the present case of grand theft, is five years. We have held to the contrary in Condiles v. State, 512 So. 2d 331 (Fla. 3d DCA 1987); Wooten v. State, 515 So .2d 331 (Fla. 3d DCA 1987); Johnson v. State, 513 So. 2d 1388 (Fla. 3d DCA 1987); and Bellinger v. State, 513 So. 2d 732 (Fla. 3d DCA 1987), and do so again. Accord Hoefert v. State, 509 So. 2d 1090 (Fla. 2d DCA 1987). We certify the same question framed in Condiles to the supreme court. Affirmed. . At the t…
-
Inscho v. State, 521 So. 2d 164 (Fla. 5th DCA 1988)…statutory máximums contained in section 775.082, Florida Statutes. See McGriff v. State, 517 So. 2d 94 (Fla. 3d DCA 1987); McMillan v. State, 516 So. 2d 1064 (Fla. 4th DCA 1987); Wooten v. State, 515 So. 2d 331 (Fla. 3d DCA 1987); Johnson v. State, 513 So. 2d 1388 (Fla. 3d DCA 1987); Priester v. State, 513 So. 2d 796 (Fla. 4th DCA 1987); Bellinger v. State, 513 So. 2d 732 (Fla. 3d DCA 1987); Sims v. State, 513 So. 2d 671 (Fla. 2d DCA 1987); Reid v. State, 512 So. 2d 1161 (Fla. 3d DCA 1987); Condiles v. State,…
-
Wooten v. State, 515 So. 2d 331 (Fla. 3d DCA 1987)…to increase the statutory limit for the crime in question, which in this case would otherwise be five years, see §§ 812.014(2)(b), 775.082(3)(d), Fla.Stat. (1985), so long as the resulting sentence is within the guidelines. Accord Johnson v. State, 513 So. 2d 1388 (Fla. 3d DCA 1987); Bellinger v. State, 513 So. 2d 732 (Fla. 3d DCA 1987); Reid v. State, 512 So,2d 1161 (Fla. 3d DCA 1987); Priester v. State, 513 So. 2d 796 (Fla. 4th DCA 1987). On these holdings the sentence under review is reversed and the cause…
Authorities Cited
- Myers v. State, 499 So. 2d 895 (Fla. 1st DCA 1986)
- Hoefert v. State, 509 So. 2d 1090 (Fla. 2d DCA 1987)
- Winters v. State, 500 So. 2d 303 (Fla. 1st DCA 1986)
- Isiah Bellinger v. State, 513 So. 2d 732 (Fla. 3d DCA 1987)
- Mulvey v. State, 41 So.2d 156 (Fla. 1949)
- Condiles v. State, 512 So. 2d 331 (Fla. 3d DCA 1987)
- Jones v. State, 512 So. 2d 1161 (Fla. 3d DCA 1987)