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508 So. 2d 565

508 So.2d 565

12 Fla.L.Weekly 1518

Docket No. 85-2634.

Washington v. State

Charles WASHINGTON, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided June 19, 1987.

District Court of Appeal of Florida · decided 1987-06-19

Cited by 5 later decisions — most recently February 1988

5 state decisions

Key passage — most relied on by later courts

“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?”

quoted by 3 later decisions, including Sims v. State, 513 So. 2d 796 - Priester v. State

Relies on 509 So. 2d 1090 - Hoefert v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-06-19

View the full empirical analysis of this case →

¶1James Marion Moorman, Public Defender, and John T. Kilcrease, Jr., Asst. Public Defender, Bartow, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and James A. Young, Asst. Atty. Gen., Tampa, for appellee.

¶3PER CURIAM.

¶4In 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?

¶5We 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?

¶6Affirmed.

¶7DANAHY, C.J., and SCHEB and CAMPBELL, JJ., concur.

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