Sims v. State

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

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.

Reference

Full Case Name
James Willie SIMS v. STATE of Florida
Status
Published