Ferguson v. State

Supreme Court of Florida

Ferguson v. State

498 So. 2d 867, 11 Fla. L. Weekly 570, 1986 Fla. LEXIS 2775

CourtSupreme Court of Florida

DecidedOctober 30, 1986

DocketNo. 68146

StatusPublished

This text of 498 So. 2d 867 (Ferguson v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ferguson v. State, 498 So. 2d 867, 11 Fla. L. Weekly 570, 1986 Fla. LEXIS 2775 (Fla. 1986).

Pincite

Opinion

BARKETT, Justice.

We have for review Ferguson v. State, 481 So.2d 924 (Fla. 2d DCA 1985) (on rehearing). In that case, the district court certified the following question as being of great public importance:

[868]*868IS THE DETERMINATION OF A DEFENDANT AS A HABITUAL FELONY OFFENDER PURSUANT TO SECTION 775.084 A SUFFICIENT REASON FOR DEPARTURE FROM THE RECOMMENDED RANGE OF THE SENTENCING GUIDELINES?

Id. at 925. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

This case is controlled by our decision in Whitehead v. State, 498 So.2d 863 (Fla.1986). Accordingly, we answer the certified question in the negative and remand this case to the district court with directions to remand to the trial court for resentencing.

It is so ordered.

MCDONALD, C.J., and ADKINS, BOYD, EHRLICH and SHAW, JJ., concur. OVERTON, J., dissents.

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