Bellinger v. State

Isiah BELLINGER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided September 29, 1987.

District Court of Appeal of Florida · decided 1987-09-29

Relies on 499 So. 2d 895 - Myers v. State · Mulvey v. State · 512 So. 2d 331 - Condiles v. State

Decided 1987-09-29

¶1Bennett H. Brummer, Public Defender, and Gitlitz, Keegan & Dittmar and James D. Keegan, Sp. Asst. Public Defender, for appellant.

¶2Robert A. Butterworth, Atty. Gen., and Julie S. Thornton, Asst. Atty. Gen., for appellee.

¶3Before HUBBART, FERGUSON and JORGENSON, JJ.

¶4

ON MOTION FOR REHEARING

¶5PER CURIAM.

¶6Affirmed. Mulvey v. State,41 So.2d 156 (Fla. 1949); Myers v. State,499 So.2d 895 (Fla. 1st DCA 1986). This case presents the same question certified in Condiles v. State,512 So.2d 331 (Fla. 3d DCA 1987):

IS USE OF THE HABITUAL OFFENDER STATUTE TO EXCEED THE STATUTORILY PRESCRIBED MAXIMUM SENTENCE FOR THE OFFENSE PRECLUDED WHERE THE SENTENCE IMPOSED DOES NOT EXCEED THE RECOMMENDED GUIDELINE SENTENCE?

¶7Question certified.