McNair v. State

Full title: CLIFFORD McNAIR, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jun 26, 1990

563 So. 2d 804 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-2372.

June 26, 1990.

Appeal from the Circuit Court for Dade County, Fredricka G. Smith, J.

Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Roberta G. Mandel, Asst. Atty. Gen., for appellee.

Before BASKIN, FERGUSON and JORGENSON, JJ.

PER CURIAM.

Although the trial court was under a misapprehension that the language of section 775.084(4)(a), Florida Statutes (1987), was mandatory and not permissive, see State v. Brown, 530 So.2d 51 (Fla. 1988), we nonetheless affirm the sentence under review; the sentence imposed falls within the sentencing guidelines, does not exceed the enhanced statutory maximum penalty for the crime, and therefore does not constitute an abuse of discretion.

Affirmed.