State v. Kersey

Supreme Court of Florida

State v. Kersey

524 So. 2d 1011, 13 Fla. L. Weekly 295, 1988 Fla. LEXIS 526, 1988 WL 40926

CourtSupreme Court of Florida

DecidedApril 28, 1988

DocketNo. 71568

StatusPublished

Cited by1 cases

This text of 524 So. 2d 1011 (State v. Kersey) 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

State v. Kersey, 524 So. 2d 1011, 13 Fla. L. Weekly 295, 1988 Fla. LEXIS 526, 1988 WL 40926 (Fla. 1988).

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Opinion

BARKETT, Justice.

We review Kersey v. State, 515 So.2d 261 (Fla. 5th DCA 1987), based upon certified [1012]*1012conflict with Hall v. State, 511 So.2d 1038 (Fla. 1st DCA 1987), and Hoefert v. State, 509 So.2d 1090 (Fla. 2d DCA 1987). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

The issue presented is whether the habitual offender statute, section 775.084, Florida Statutes (1985), may be used to enhance the statutory maximum sentence. We held in Winters v. State, 522 So.2d 816 (Fla.1988), that the habitual offender statute remains viable for this purpose, so long as the sentence imposed is within the guidelines range. Because we resolved this issue contrary to the view of the Fifth District,

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BARKETT, Justice.

We review Kersey v. State, 515 So.2d 261 (Fla. 5th DCA 1987), based upon certified [1012]*1012conflict with Hall v. State, 511 So.2d 1038 (Fla. 1st DCA 1987), and Hoefert v. State, 509 So.2d 1090 (Fla. 2d DCA 1987). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

The issue presented is whether the habitual offender statute, section 775.084, Florida Statutes (1985), may be used to enhance the statutory maximum sentence. We held in Winters v. State, 522 So.2d 816 (Fla.1988), that the habitual offender statute remains viable for this purpose, so long as the sentence imposed is within the guidelines range. Because we resolved this issue contrary to the view of the Fifth District,

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Bluebook (online)

524 So. 2d 1011, 13 Fla. L. Weekly 295, 1988 Fla. LEXIS 526, 1988 WL 40926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-kersey-fla-1988.

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