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626 So. 2d 189

626 So.2d 189

18 Fla.L.WeeklySupp. 556

Bogush v. State

Supreme Court of Florida

Decided October 21, 1993

Supreme Court of Florida · decided 1993-10-21

Cited by 1 later decisions — most recently December 1993

1 state decisions

Relies on 614 So. 2d 486 - Ashley v. State · 602 So. 2d 914 - Florida Bar re: Advisory Opinion · 597 So. 2d 309 - King v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-10-21

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PER CURIAM.

¶1We review Bogush v. State, 597 So.2d 420 (Fla. 2d DCA 1992), because of its conflict with State v. Kendrick, 596 So.2d 1153 (Fla. 5th DCA), review dismissed, 613 So.2d 5 (Fla.1992). We have jurisdiction under article V, section 3(b)(3) of the Florida Constitution.

¶2In McKnight v. State, 616 So.2d 31 (Fla.1993), we disapproved Kendrick and adopted the en banc opinion in King v. State, 597 So.2d 309 (Fla. 2d DCA), review denied, 602 So.2d 942 (Fla.1992), which held that an habitual offender could be placed on community control. Therefore, the conflict of decisions is resolved.

¶3Thus, Bogush was properly placed on community control as an habitual offender following his plea of guilty to delivery of cocaine. However, upon his violation of community control, Bogush was erroneously sentenced to thirty years’ imprisonment. While sentencing as an habitual offender would have ordinarily permitted a thirty-year sentence, Bogush pled guilty to violating community control upon the understanding that the maximum sentence he could receive would be fifteen years. See Ashley v. State, 614 So.2d 486 (Fla.1993).

¶4Accordingly, we approve the decision below except for the sentence for delivery of cocaine which shall be reduced to fifteen years.

¶5It is so ordered.

BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.
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