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513 So. 2d 671

Docket No. 86-1844.

Sims v. State

James Willie SIMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided July 1, 1987.

District Court of Appeal of Florida · decided 1987-09-09

Cited by 5 later decisions — most recently April 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 2 later decisions, including 517 So. 2d 771 - Cowles v. State, 523 So. 2d 574 - Sims v. State

Relies on 509 So. 2d 1090 - Hoefert v. State · 508 So. 2d 565 - Washington v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-09-09

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On Motion for Rehearing September 9, 1987.

¶1James Marion Moorman, Public Defender, and A.N. Radabaugh, Asst. Public Defender, Bartow, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Lauren Hafner Sewell, Asst. Atty. Gen., Tampa, for appellee.

¶3PER CURIAM.

¶4Affirmed.

¶5SCHEB, A.C.J., and CAMPBELL and LEHAN, JJ., concur.

¶6

ON MOTION FOR REHEARING

¶7PER CURIAM.

¶8In this appeal we affirmed the defendant's conviction and sentence. On rehearing the defendant has requested that we certify to the supreme court the same question we certified in Hoefert v. State,509 So.2d 1090 (Fla. 2d DCA 1987), and Washington v. State,508 So.2d 565 (Fla. 2d DCA 1987).

¶9Accordingly, we grant the defendant's request and again certify to the supreme court, as a question of great public importance, the question certified in Hoefert and Washington:

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?

¶10SCHEB, A.C.J., and CAMPBELL and LEHAN, JJ., concur.

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