Reid v. State

512 So. 2d 1161, 12 Fla. L. Weekly 2343
District Court of Appeal of Florida·Decided September 29, 1987·No. 86-2176·Published·Cited by 3 cases

Opinion

512 So.2d 1161 (1987)

Dwight REID, Appellant,
v.
The STATE of Florida, Appellee.

No. 86-2176.

District Court of Appeal of Florida, Third District.

September 29, 1987.

Samek & Besser and Lawrence Besser, for appellant.

Robert A. Butterworth, Atty. Gen., for appellee.

Before HENDRY, FERGUSON and JORGENSON, JJ.

PER CURIAM.

Affirmed. 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 Bellinger v. State, 513 So.2d 732 (Fla. 3d DCA 1987); and 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?

Question certified.

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Reid v. State, 512 So. 2d 1161, 12 Fla. L. Weekly 2343 (Fla. Ct. App. 1987).

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