STATE OF FLORIDA, PETITIONER,
v.
DEAN ROBERT KERSEY, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The habitual offender statute may be used to enhance a statutory maximum sentence if the imposed sentence is within the guidelines range.
The case involves a conflict between Florida District Courts of Appeal regarding the application of the habitual offender statute to enhance sentences…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Sentence Enhancement cases and more on FLexlaw
BARKETT, Justice.
We review Kersey v. State, 515 So. 2d 261 (Fla. 5th DCA 1987), based upon certified conflict with Hall v. State, 511 So. 2d 1038 (Fla. 1st DCA 1987), and Hoefert v. State, 509 So. 2d 1090 (Fla. 2d DCA 1987). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. The issue presented is whether the habitual offender statute, section 775.084, Florida Statutes (1985), may be used to enhance the statutory maximum sentence. We held in Winters v. State, 522 So. 2d 816 (Fla.1988), that the habitual offender statute remains viable for this purpose, so long as the sentence imposed is within the guidelines range. Because we resolved this issue contrary to the view of the Fifth District,* we quash the decision below and remand for proceedings consistent with Winters.
It is so ordered.
McDonald, C.J., and OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur. *
The Fifth District has since receded from that view. Inscho v. State, 521 So. 2d 164, 13 F.L.W. 326 (Fla. 5th DCA 1988).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Arnett Lofton, 534 So. 2d 1148 (Fla. 1988)…Whitehead v. State, 498 So. 2d 863 (Fla.1986). The circuit court denied the motion. Basing its holding upon Frierson v. State, 511 So. 2d 1016 (Fla. 5th DCA 1987), and Kersey v. State, 515 So. 2d 261 (Fla. 5th DCA 1987), quashed by State v. Kersey, 524 So. 2d 1011 (Fla.1988), the district court of appeal reversed Lofton’s sentence and remanded for resentencing under the guidelines. In McCuiston v. State, 534 So. 2d 1144 (Fla.1988), we addressed the issue of whether our decision in Whitehead should have retro…1 / 2
Authorities Cited
- Winters v. State, 522 So. 2d 816 (Fla. 1988)
- Hall v. State, 511 So. 2d 1038 (Fla. 1st DCA 1987)
- Hoefert v. State, 509 So. 2d 1090 (Fla. 2d DCA 1987)
- Kersey v. State, 515 So. 2d 261 (Fla. 5th DCA 1987)
- Inscho v. State, 521 So. 2d 164 (Fla. 5th DCA 1988)