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Condiles v. State

District Court of Appeal of Florida, Third District
Sep 15, 1987
512 So. 2d 331 (Fla. Dist. Ct. App. 1987)

Opinion

No. 86-3184.

September 15, 1987.

An Appeal from the Circuit Court for Dade County; Edward D. Cowart, Judge.

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Ralph Barreira, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and DANIEL S. PEARSON, JJ.


In affirming the sentence imposed below, we join our sister court in Myers v. State, 499 So.2d 895, 898 (Fla. 1st DCA 1986), in holding that where, as here, the trial court "utilized the habitual offender statute to increase the length of sentence allowed by law and not to exceed the term of imprisonment recommended by the sentencing guidelines," there is no conflict with Whitehead v. State, 498 So.2d 863 (Fla. 1986), and the sentence is lawful. We certify the following question as being one of great public importance:

Recently followed in Winters v. State, 500 So.2d 303 (Fla. 1st DCA 1986), and Hoefert v. State, 509 So.2d 1090 (Fla. 2d DCA 1987). See also Smith v. Wainwright, 508 So.2d 768 (Fla. 2d 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?

Affirmed.


Summaries of

Condiles v. State

District Court of Appeal of Florida, Third District
Sep 15, 1987
512 So. 2d 331 (Fla. Dist. Ct. App. 1987)
Case details for

Condiles v. State

Case Details

Full title:MANUEL CONDILES, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Sep 15, 1987

Citations

512 So. 2d 331 (Fla. Dist. Ct. App. 1987)

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