Bateman v. State (1990)

As this Court has recognized, "in enacting subsection (4)(e) in 1988 the legislature was attempting to sever application of the habitual offender statute from the sentencing guidelines." Burdick v. State, 594 So.2d 267, 270 (Fla.1992); see also Studnicka v. State, 679 So.2d 819, 821 (Fla. 3d DCA 1996) (" After 1988, the sentencing guidelines do not apply to habitual offender sentences.") (emphasis in original); Strickland v. State, 596 So.2d 1155, 1156 (Fla. 2d DCA 1992) (st…

The State further maintains that the trial court's finding was correct because the State never introduced the colposcope photograph at trial and the defendants knew of the existence of the photo prior to trial and specifically requested it in Dr. Tokarski's subpoena. [3] Finally, the State asserts that as the court did in Bateman v. State, 566 So.2d 358, 359 (Fla. 4th DCA 1990), this Court should find that the record *667 in the instant case reveals that the trial court did …

See Bateman v. State, 566 So.2d 358, 359 (Fla. 4th DCA 1990) (recognizing that the amendment to section 775.084 superseded Whitehead and "a habitual offender sentence in excess of the guidelines, even *992 in the absence of stated reasons for departure, is now valid"); Owens v. State, 560 So.2d 1260, 1261 (Fla. 1st DCA 1990) (recognizing that Whitehead was decided before section 775.084 was amended so that once the defendant meets the definition of a habitual felony offender…

As stated in State v. Kendrick, 596 So.2d 1153 (Fla. 5th DCA), review dismissed 613 So.2d 5 (Fla.1992), "the legislature amended the habitual offender statute to make habitual offender sentencing independent of the sentencing guidelines." Id. at 1154 (citation omitted); see also Bateman v. State, 566 So.2d 358, 359 (Fla. 4th DCA 1990).

See Bateman v. State, 566 So.2d 358 (Fla. 4th DCA 1990).

See Bateman v. State, 566 So.2d 358 (Fla. 4th DCA 1990).