CLIFFORD MCNAIR, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
CLIFFORD MCNAIR, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
563 So. 2d 804
Florida District Court of Appeal, Third District (1990)
Negative Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.
Although the trial court was under a misapprehension that the language of section 775.084(4)(a), Florida Statutes (1987), was mandatory and not permissive, see State v. Brown, 530 So. 2d 51 (Fla.1988), we nonetheless affirm the sentence under review; the sentence imposed falls within the sentencing guidelines, does not exceed the enhanced statutory maximum penalty for the crime, and therefore does not constitute an abuse of discretion.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. State, 574 So. 2d 1195 (Fla. 3d DCA 1991)…30 So. 2d 51, 53 (Fla.1988) (a fortiori holding that section 775.084(4)(a), providing that life sentence “shall” be imposed upon habitual felony offender, is not mandatory); State v. Padron, 571 So. 2d 102 (Fla. 3d DCA 1990) (same); McNair v. State, 563 So. 2d 804 (Fla. 3d DCA 1990) (same). But see Donald v. State, 562 So. 2d 792 (Fla. 1st DCA 1990) (opposite result as to § 775.084(4)(b); State v. Brown, 530 So. 2d 51, not cited). Various comments of the trial judge, however, made prior to and during sentenci…
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Henry v. State, 581 So. 2d 928 (Fla. 3d DCA 1991)…ding 10. Contrary to the State’s assertion, the “shall sentence” provision of the habitual offender statute, id. § 775.084(4)(a), is permissive, not mandatory. State v. Brown, 530 So. 2d 51, 53 (Fla.1988) (construing 1985 statute); McNair v. State, 563 So. 2d 804 (Fla. 3d DCA 1990) (1987 statute).3 As was true in Smith v. State, 574 So. 2d 1195 (Fla. 3d DCA 1991), we are “uncertain as to whether the court believed that it could in fact decline to impose that [life] sentence. We therefore believe that the int…
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Isom v. State, 619 So. 2d 369 (Fla. 3d DCA 1993)…dge may consider the matter as one within his discretion.’ ” Henry v. State, 581 So. 2d 928, 929 (Fla. 3d DCA 1991) (quoting Smith v. State, 574 So. 2d 1195 (Fla. 3d DCA 1991)); see also State v. Brown, 530 So. 2d 51, 53 (Fla.1988); McNair v. State, 563 So. 2d 804 (Fla. 3d DCA 1990). Defendant also argues, and the State concedes, that this case is controlled by the version of the habitual offender statute in effect prior to October 1, 1988, as the offenses in this case took place March 9, 1988. Since the sen…
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- State v. Brown, 530 So. 2d 51 (Fla. 1988)