Priester v. State

DOWNEY, Judge.

Appellant was placed on probation for burglary of a structure, a third degree felony. Thereafter, he was found guilty of violating his probation and the state filed notice of intent to request a sentence as an habitual felony offender. The trial court sentenced appellant as an habitual felony offender to a term of ten years, a sentence which exceeded the statutory maximum for the underlying crime, but which was within the recommended guidelines sentence.

Appellant contends on appeal that the Supreme Court of Florida, in Whitehead v. State, 498 So.2d 863 (Fla.1986), “repealed” the…