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Florida District Courts of Appeal, 1987

Bellinger v. State

Bellinger v. State
Florida District Courts of Appeal · Decided September 29, 1987 · Ferguson, Hubbart, Jorgenson
513 So. 2d 732; 12 Fla. L. Weekly 2343; 1987 Fla. App. LEXIS 10418 (Southern Reporter, Second Series)

Bellinger v. State

Opinion of the Court

ON MOTION FOR REHEARING

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 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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