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BUTLER v. STATE

No. SC01-2465.

838 So.2d 554 (2003)

Winyatta BUTLER, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

January 30, 2003.

Attorney(s) appearing for the Case

Caroline E. Kravath, Florida Institutional Legal Services, Inc., Gainesville, FL, for Petitioner.

Charles J. Crist, Jr., Attorney General, and Kellie A. Nielan and Pamela J. Koller, Assistant Attorneys General, Daytona Beach, FL, for Respondent.

WELLS, J.

We have for review a decision of the Fifth District Court of Appeal on the following question, which the court certified to be of great public importance:

MAY A TRIAL COURT SENTENCE A DEFENDANT TO A TERM IN EXCESS OF THE STATUTORY MAXIMUM FOR AN OFFENSE COMMITTED AFTER OCTOBER 1, 1998, WHERE THE LOWEST PERMISSIBLE SENTENCE UNDER THE CODE EXCEEDS THE STATUTORY MAXIMUM?

Butler v. State, 774 So.2d 925

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