McNair v. State
| Decision Date | 26 June 1990 |
| Docket Number | No. 89-2372,89-2372 |
| Citation | McNair v. State, 563 So.2d 804 (Fla. App. 1990) |
| Parties | 15 Fla. L. Weekly D1691 Clifford McNAIR, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Roberta G. Mandel, Asst. Atty. Gen., for appellee.
Before BASKIN, FERGUSON and JORGENSON, JJ.
Although the trial court was under a misapprehension that the language of section 775.084(4)(a), Florida Statutes (1987), was mandatory and not permissive, see State v. Brown, 530 So.2d 51 (Fla.1988), we nonetheless affirm the sentence under review; the sentence imposed falls within the sentencing guidelines, does not exceed the enhanced statutory maximum penalty for the crime, and therefore does not constitute an abuse of discretion.
Affirmed.
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7 cases
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Smith v. State
...be imposed upon habitual felony offender, is not mandatory); State v. Padron, 571 So.2d 102 (Fla. 3d DCA 1990) (same); McNair v. State, 563 So.2d 804 (Fla. 3d DCA 1990) (same). But see Donald v. State, 562 So.2d 792 (Fla. 1st DCA 1990) (opposite result as to § 775.084(4)(b); State v. Brown,......
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Isom v. State
...(quoting Smith v. State, 574 So.2d 1195 (Fla. 3d DCA 1991)); see also State v. Brown, 530 So.2d 51, 53 (Fla.1988); McNair v. State, 563 So.2d 804 (Fla. 3d DCA 1990). Defendant also argues, and the State concedes, that this case is controlled by the version of the habitual offender statute i......
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Miller v. State, s. 91-1743
...So.2d 694 (Fla. 3d DCA 1991), approved, 595 So.2d 957 (Fla.1992); State v. Padron, 571 So.2d 102 (Fla. 3d DCA 1990); McNair v. State, 563 So.2d 804 (Fla. 3d DCA 1990); see also Oyler v. Boles, 368 U.S. 448, 82 S.Ct. 501, 7 L.Ed.2d 446 (1962); Barber v. State, 564 So.2d 1169 (Fla. 1st DCA), ......
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Henry v. State
...775.084(4)(a), is permissive, not mandatory. State v. Brown, 530 So.2d 51, 53 (Fla.1988) (construing 1985 statute); McNair v. State, 563 So.2d 804 (Fla. 3d DCA 1990) (1987 statute). 3 As was true in Smith v. State, 574 So.2d 1195 (Fla. 3d DCA 1991), we are "uncertain as to whether the court......
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