Bellinger v. State

Decided September 29, 1987

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

Decided 1987-09-29

¶1ON MOTION FOR REHEARING

PER CURIAM.

¶2Affirmed. 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?

¶3Question certified.