Poppell v. State

specially concurring,

After the Supreme Court’s opinion in Whitehead v. State, 498 So.2d 863 (Fla. 1986), it appears that the only sphere of applicability of the habitual offender law is in those relatively rare situations where the sentencing guidelines scoresheet calls for a sentence in excess of the offense’s statutory maximum. See Winters v. State, 500 So.2d 303 (Fla. 1st DCA 1986); Myers v. State, 499 So.2d 895 (Fla. 1st DCA 1986). That situation does not exist in the instant case.

Ordinarily, I would not feel that a defendant should be permitted on direct appeal to make the kind of attack…