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McKnight v. State

Supreme Court of Florida
Mar 25, 1993
616 So. 2d 31 (Fla. 1993)

Summary

adopting the rationale ofKing v. State, 597 So.2d 309, 314 (Fla. 2d DCA1992), in which the Second District held — not in the context of a separation of powers challenge — that the trial court has the discretion "to exercise leniency and to sentence a defendant found to be an habitual felony offender or an habitual violent felony offender to a sentence less severe than the maximum sentence that is permitted by subsections 775.084 or (b)"

Summary of this case from State v. Cotton

Opinion

No. 79689.

March 25, 1993.

Appeal from the Circuit Court, Hillsborough County, Harry Lee Coe, III, J.

James Marion Moorman, Public Defender and John S. Lynch, Asst. Public Defender, Bartow, for petitioner.

Robert A. Butterworth, Atty. Gen., and Davis G. Anderson and Peggy Quince, Asst. Attys. Gen., Tampa, for respondent.


We review McKnight v. State, 595 So.2d 1059 (Fla. 2d DCA 1992), because of its conflict with State v. Kendrick, 596 So.2d 1153 (Fla. 5th DCA 1992), review dismissed, 613 So.2d 5 (Fla. 1992). We have jurisdiction under article V, section 3(b)(3) of the Florida Constitution.

We hold that the trial judge has the discretion to place an habitual felony offender on probation. As the basis for our conclusion, we adopt the rationale of the en banc opinion in King v. State, 597 So.2d 309 (Fla. 2d DCA), review denied, 602 So.2d 942 (Fla. 1992). We do not address the other points raised by petitioner.

We disapprove Kendrick to the extent that it conflicts with our opinion, and we approve the decision below.

It is so ordered.

BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.


Summaries of

McKnight v. State

Supreme Court of Florida
Mar 25, 1993
616 So. 2d 31 (Fla. 1993)

adopting the rationale ofKing v. State, 597 So.2d 309, 314 (Fla. 2d DCA1992), in which the Second District held — not in the context of a separation of powers challenge — that the trial court has the discretion "to exercise leniency and to sentence a defendant found to be an habitual felony offender or an habitual violent felony offender to a sentence less severe than the maximum sentence that is permitted by subsections 775.084 or (b)"

Summary of this case from State v. Cotton

adopting the Second District Court of Appeal's rationale in King v. State, 597 So.2d 309, 314 (Fla. 2d DCA 1992), that the trial court has discretion "to exercise leniency and to sentence a defendant found to be an habitual felony offender or an habitual violent felony offender to a sentence less severe than the maximum sentence that is permitted by subsections 775.084 or (b)"

Summary of this case from Cobb v. State

In McKnight v. State, 616 So.2d 31 (Fla. 1993), we disapproved Kendrick and adopted the en banc opinion in King v. State, 597 So.2d 309 (Fla. 2d DCA), review denied, 602 So.2d 942 (Fla. 1992), which held that an habitual offender could be placed on community control.

Summary of this case from Bogush v. State
Case details for

McKnight v. State

Case Details

Full title:GREGORY McKNIGHT, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court:Supreme Court of Florida

Date published: Mar 25, 1993

Citations

616 So. 2d 31 (Fla. 1993)

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