Winters v. State, No. 70164

CourtUnited States State Supreme Court of Florida
Writing for the CourtBARKETT; McDONALD; OVERTON
Citation522 So.2d 816,13 Fla. L. Weekly 156
Docket NumberNo. 70164
Decision Date25 February 1988
Parties13 Fla. L. Weekly 156 Peter WINTERS, Petitioner, v. STATE of Florida, Respondent.

Page 816

522 So.2d 816
13 Fla. L. Weekly 156
Peter WINTERS, Petitioner,
v.
STATE of Florida, Respondent.
No. 70164.
Supreme Court of Florida.
Feb. 25, 1988.
Rehearing Denied May 2, 1988.
Fla. 1988.

Michael E. Allen, Public Defender, and Kathleen Stover, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen., and Kenneth Muszynski and William A. Hatch, Asst. Attys. Gen., Tallahassee, for respondent.

BARKETT, Justice.

This case is before us on the following certified question posed in Winters v. State, 500 So.2d 303 (Fla. 1st DCA 1986):

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. at 305. We answer in the affirmative and approve the result reached below.

Petitioner was convicted of attempted unarmed robbery, which carries a maximum penalty of five years in prison. Because of petitioner's prior record of at least four felony convictions, the guidelines recommended seven to nine years imprisonment. In order to impose the guidelines sentence, which exceeded the statutory maximum, the trial judge applied the habitual offender statute, section 775.084, Florida Statutes (1985). In this way, the statutory maximum effectively was extended from five to ten years. The district court affirmed. 500 So.2d at 305.

Both parties agree that the certified question addresses an issue left unresolved in Whitehead v. State, 498 So.2d 863 (Fla.1986), and both argue that Whitehead supports their respective positions.

The central premise underlying Whitehead is that any conflict between the habitual offender statute and the sentencing guidelines must be resolved in favor of the guidelines and their policies. See id. at

Page 817

865. Thus, we held in Whitehead that a defendant's status as an habitual offender did not justify a departure from the recommended guidelines sentence, since to hold otherwise would eviscerate the policy of uniformity underlying the guidelines:

[S]uch sentences would be disproportionately harsh when compared to the sentences of other offenders who have committed similar crimes and have similar criminal records but were not subjected to habitual offender proceedings. Such a result would be contrary to the explicit purpose of the sentencing guidelines which is to "eliminate unwarranted variation in the sentencing process."

Id. at 866 (citation...

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31 practice notes
  • Mitchell v. Moore, No. SC95299.
    • United States
    • United States State Supreme Court of Florida
    • April 12, 2001
    ...for departure from the guidelines. In State v. Glenn, 558 So.2d 4, 7 (Fla.1990), this Court further clarified that Winters v. State, 522 So.2d 816 (Fla.1988), was merely a refinement of habitual offender caselaw. In Winters, this Court had approved the use of the habitual offender statute t......
  • State v. Glenn, No. 73496
    • United States
    • United States State Supreme Court of Florida
    • February 15, 1990
    ...and not one which required retroactive application. 534 So.2d at 1146. In reaching this conclusion, we found support in Winters v. State, 522 So.2d 816 (Fla.1988), which clarified the effect of Whitehead on the relationship between the habitual offender statute and the sentencing guidelines......
  • Nixon v. State, No. 67583
    • United States
    • Florida Supreme Court
    • November 29, 1990
    ...Court at the sentencing hearing." We agree that reasons 3 and 4 are not clear and convincing reasons for departure. Winters v. State, 522 So.2d 816 (Fla.1988); Whitehead v. State, 498 So.2d 863 (Fla.1986); State v. Jackson, 478 So.2d 1054 (Fla.1985), abrogated on other grounds, Miller v. Fl......
  • Rowe v. State, No. 88-4
    • United States
    • Court of Appeal of Florida (US)
    • February 26, 1988
    ...release of our opinion in this case, and not published until after our opinion had issued, the supreme court decided Winters v. State, 522 So.2d 816 (1988). There the defendant was convicted of attempted robbery, which carries a maximum sentence of five years. Because of his serious prior f......
  • Request a trial to view additional results
31 cases
  • Mitchell v. Moore, No. SC95299.
    • United States
    • United States State Supreme Court of Florida
    • April 12, 2001
    ...for departure from the guidelines. In State v. Glenn, 558 So.2d 4, 7 (Fla.1990), this Court further clarified that Winters v. State, 522 So.2d 816 (Fla.1988), was merely a refinement of habitual offender caselaw. In Winters, this Court had approved the use of the habitual offender statute t......
  • State v. Glenn, No. 73496
    • United States
    • United States State Supreme Court of Florida
    • February 15, 1990
    ...and not one which required retroactive application. 534 So.2d at 1146. In reaching this conclusion, we found support in Winters v. State, 522 So.2d 816 (Fla.1988), which clarified the effect of Whitehead on the relationship between the habitual offender statute and the sentencing guidelines......
  • Nixon v. State, No. 67583
    • United States
    • Florida Supreme Court
    • November 29, 1990
    ...Court at the sentencing hearing." We agree that reasons 3 and 4 are not clear and convincing reasons for departure. Winters v. State, 522 So.2d 816 (Fla.1988); Whitehead v. State, 498 So.2d 863 (Fla.1986); State v. Jackson, 478 So.2d 1054 (Fla.1985), abrogated on other grounds, Miller v. Fl......
  • Rowe v. State, No. 88-4
    • United States
    • Court of Appeal of Florida (US)
    • February 26, 1988
    ...release of our opinion in this case, and not published until after our opinion had issued, the supreme court decided Winters v. State, 522 So.2d 816 (1988). There the defendant was convicted of attempted robbery, which carries a maximum sentence of five years. Because of his serious prior f......
  • Request a trial to view additional results

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