Florida District Courts of Appeal, 1987

Johnson v. State

Florida District Courts of Appeal · Decided October 27, 1987 · Daniel, Hubbart, Nesbitt, Pearson

513 So. 2d 1388; 12 Fla. L. Weekly 2479; 1987 Fla. App. LEXIS 10701 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Scott v. State (Fla. Dist. Ct. App. 1988)
Inscho v. State (Fla. Dist. Ct. App. 1988)
Wooten v. State (Fla. Dist. Ct. App. 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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), Reid v. State, 512 So.2d 1161 (Fla. 3d DCA 1987), and Condiles v. State, 512 So.2d 331 (Fla. 3d DCA 1987).

Accordingly, we certify the following question to the Florida supreme court so that this case may be paired for review with Bellinger, Reid, Condiles, Hoefert v. State, 509 So.2d 1090 (Fla. 2d DCA 1987), Winters v. State, 500 So.2d 303 (Fla. 2d DCA 1986) and Myers:

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 and certified.

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