Supreme Court of Florida, 1988

Sims v. State

Sims v. State
Supreme Court of Florida · Decided April 21, 1988 · Barkett, Ehrlich, Grimes, Kogan, McDonald, Overton, Shaw
523 So. 2d 574; 13 Fla. L. Weekly 283; 1988 Fla. LEXIS 496; 1988 WL 36955 (Southern Reporter, Second Series)

Sims v. State

Opinion of the Court

PER CURIAM.

We have for review Sims v. State, 513 So.2d 671 (Fla. 2d DCA 1987), in which the district court certified the following question as one of great public importance:

IS THE HABITUAL OFFENDER STATUTE STILL AN EFFECTIVE BASIS ON WHICH TO EXCEED THE STATUTORY MAXIMUM AS LONG AS THE SENTENCE IMPOSED DOES NOT EXCEED THE GUIDELINES RECOMMENDATION?

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

The outcome of this case is consistent with our decision in Winters v. State, 522 So.2d 816 (Fla. 1988), in which we answered this question in the affirmative. Accordingly, we approve the decision below.

It is so ordered.

MCDONALD, C.J., and OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.

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