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WINTERS v. STATE

No. 70164.

522 So.2d 816 (1988)

Peter WINTERS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied May 2, 1988.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Kathleen Stover, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen., and Kenneth Muszynski and William A. Hatch, Asst. Attys. Gen., Tallahassee, for respondent.

BARKETT, Justice.

This case is before us on the following certified question posed in Winters v. State, 500 So.2d 303 (Fla. 1st DCA 1986):

Is the habitual offender statute still an effective basis on which to exceed the statutory maximum as long as the sentence imposed does not exceed the guidelines recommendation?

Id. at 305. We answer in the affirmative and approve the result reached below.

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