GREGORY MCKNIGHT, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
We review McKnight v. State, 595 SO.2d 1059 (Fla. 2d DCA 1992), because of its conflict with State v. Kendrick, 596 So. 2d 1158 (Fla. 5th DCA1992), review dismissed, 613 So. 2d 5 (Fla.1992). We have jurisdiction under article V, section 3(b)(3) of the Florida Constitution.
We hold that the trial judge has the discretion to place an habitual felony offender on probation. As the basis for our conclusion, we adopt the rationale of the en banc opinion in King v. State, 597 So. 2d 309 (Fla. 2d DCA), review denied, 602 So. 2d 942 (Fla.1992). We do not address the other points raised by petitioner. We disapprove Kendrick to the extent that it conflicts with our opinion, and we approve the decision below.
It is so ordered.
BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (26 total)
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State v. Cotton, 769 So. 2d 345 (Fla. 2000)…his Court had already determined — without reference to any separation of powers argument — that, pursuant to that statute, trial judges have the discretion not to sentence a qualifying defendant as a habitual felony offender. See McKnight v. State, 616 So. 2d 31 (Fla.1993) (adopting the rationale of King v. State, 597 So. 2d 309, 314 (Fla. 2d DCA 1992), in which the Second District held — not in the context of a separation of powers challenge — that the trial court has the discretion “to exercise leniency a…
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King v. State, 681 So. 2d 1136 (Fla. 1996)…the habitual offender statute. See id. at 316-17. We also clarify that we "adopt[ed] the rationale of the en banc opinion in King " only on the issue of a trial judge’s discretion to place an habitual felony offender on probation. McKnight v. State, 616 So. 2d 31, 31 (Fla.1993). . See Thompson v. State, 618 So. 2d 335, 336 (Fla. 2d DCA 1993) (finding split sentence of incarceration under the sentencing guidelines followed by probation as habitual offender to be “illegal hybrid sentence”); Moorer v. State, 6…
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Geohagen v. State, 639 So. 2d 611 (Fla. 1994)…(Fla. 1st DCA 1993), in which the court certified the following as a question of great public importance: IN ADOPTING THE “RATIONALE” OF THE EN BANC OPINION IN KING V. STATE, 597 SO.2D 309 (FLA. 2D DCA 1992), DID THE DECISION IN McKNIGHT V. STATE, 616 SO.2D 31 (FLA.1993) EXPRESSLY ADOPT THAT PORTION OF THE OPINION IN KING HOLDING THAT UPON SENTENCING A HABITUAL OFFENDER TO COMMUNITY CONTROL OR PROBATION, THE TRIAL COURT MUST (1) FIND PURSUANT TO § 775.084(4)(C) THAT A SENTENCE AS A HABITUAL OFFENDER WAS N…1 / 2
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- King v. State, 597 So. 2d 309 (Fla. 2d DCA 1992)
- Easco Aluminum Co. & Travelers Ins. Co. v. Telon, 596 So. 2d 1158 (Fla. 1st DCA 1992)