Legal Opinion

Davis v. State

District Court of Appeal of Florida

Decided November 22, 1985No. Nos. BD-227, BD-356PublishedCited by 1 opinion

1Opinion of the Court

JOANOS, Judge.

Davis appeals the imposition of guidelines sentences totalling 15 years (actually consecutive ten and five year sentences and four concurrent five year sentences) in which the trial court used the habitual offender statute, Section 775.-084(4)(a), to exceed the statutory maximum sentence as to one offense and also as a clear and convincing reason to exceed the recommended guidelines sentence. We affirm. The sentences are not in violation of Section 921.001(5), providing that “Sentences imposed by trial judges must be in all cases within any relevant minimum and maximum sentence…

2Cases cited1 opinion

  1. Tillman v. StateDistrict Court of Appeal of Florida · 1985

3Cited by1 opinion

  1. Kaymore v. StateDistrict Court of Appeal of Florida · 1986

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