Summary
The Florida Fourth District Court of Appeal affirmed Larry McMillan’s conviction and ten-year habitual-offender sentence for grand theft. The court held that the habitual offender statute could support a sentence exceeding both the statutory maximum and the presumptive sentencing-guidelines range when valid grounds for departure were stated. It certified a question of great public importance concerning whether Whitehead v. State precludes such a sentence.
Holdings
- Whitehead v. State did not preclude application of the habitual-offender statute to impose a sentence exceeding the offense's statutory maximum and the presumptive guidelines sentence when the trial court stated valid grounds for departure other than the grounds disapproved in Whitehead.
Questions Presented
- Whether Whitehead v. State precluded use of the habitual-offender statute to impose a sentence exceeding both the statutory maximum and the sentencing-guidelines sentence when the trial court articulated valid departure grounds other than those disapproved in Whitehead.
- Whether the remaining issues raised by the appellant required reversal of the judgment or sentence.
Disposition
affirmed
Cases Cited (13)
- Williams v. State, 504 So. 2d 392 (Fla. 1987)(followed)
- Brockington v. State, 506 So. 2d 495 (Fla. 5th DCA 1987)(followed)
- Shelton v. State, 510 So. 2d 1068 (Fla. 2d DCA 1987)(followed)
- Harmon v. State, 506 So. 2d 500 (Fla. 1st DCA 1987)(followed)
- Whitehead v. State, 498 So. 2d 863 (Fla. 1986)(distinguished)
- Condiles v. State, 512 So. 2d 331 (Fla. 3d DCA 1987)(followed)
- King v. State, 511 So. 2d 1131 (Fla. 4th DCA 1987)(followed)
- Hoefert v. State, 509 So. 2d 1090 (Fla. 2d DCA 1987)(followed)
- Smith v. Wainwright, 508 So. 2d 768 (Fla. 2d DCA 1987)(followed)
- Winters v. State, 500 So. 2d 303 (Fla. 1st DCA 1986)(followed)
Showing top 10 of 13.
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…