STATE v. KENDRICK

No. 90-1659.

596 So.2d 1153 (1992)

STATE of Florida, Appellant, v. Larry Leon KENDRICK, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 29, 1992.


Attorney(s) appearing for the Case

Norman R. Wolfinger, State Atty., and Joseph N. D'Achille, Jr., Asst. State Atty., Titusville, for appellant.

James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellee.


COWART, Judge.

The issues in this case are whether: (1) the trial court, after adjudicating a defendant to be an habitual felony offender, may place the defendant on probation, thus imposing a sanction that is lower than the range recommended by the sentencing guidelines, and (2) the State can appeal such a disposition.

The defendant pled guilty to the offense of escape (§ 944.40, Fla. Stat.), a second degree felony, with a statutory maximum punishment...

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