Reid v. State

512 So.2d 1161 (1987) Dwight REID, Appellant, v. The STATE of Florida, Appellee. No. 86-2176. District Court of Appeal of Florida, Third District. September 29, 1987. Samek & Besser and Lawrence Besser, for appellant. Robert A. Butterworth, Atty. Gen., for appellee. Before HENDRY, FERGUSON and JORGENSON, JJ. PER CURIAM. Affirmed. Mulvey v. State, 41 So.2d 156 (Fla. 1949); Myers v. State, 499 So.2d 895 (Fla. 1st DCA 1986). This case presents the same question certified in Bellinger v. State, 513 So.2d 732 (Fla. 3d DCA 1987); and Condiles v. State, 512 So.2d 331 (Fla. 3d DCA 1987): IS USE OF THE HABITUAL OFFENDER STATUTE TO EXCEED THE STATUTORILY PRESCRIBED MAXIMUM SENTENCE FOR THE OFFENSE PRECLUDED WHERE THE SENTENCE IMPOSED DOES NOT EXCEED THE RECOMMENDED GUIDELINE SENTENCE? Question certified.