Opinion

McKnight v. State

  • 616 So. 2d 31
  • 1993 WL 83092
Court
Supreme Court of Florida
Filed
Mar 25, 1993
Status
Published
On the bench
Per Curiam
Cited by
25 cases
Authority
More cited than 98.0%

finding split sentence of incarceration under the sentencing guidelines followed by probation as habitual offender to be "illegal hybrid sentence"

How later courts described this case

  • finding split sentence of incarceration under the sentencing guidelines followed by probation as habitual offender to be "illegal hybrid sentence"
  • disapproving State v. Kendrick, 596 So.2d 1153 (Fla. 5th DCA), review dismissed, 613 So.2d 5 (Fla. 1992)
  • trial judge has discretion to place habitual felony offender on probation

Written by the judges who cited it.

The opinion

616 So.2d 31 (1993)

Gregory McKNIGHT, Petitioner,

v.

STATE of Florida, Respondent.

No. 79689.

Supreme Court of Florida.

March 25, 1993.

James Marion Moorman, Public Defender and John S. Lynch, Asst. Public Defender, Bartow, for petitioner.

Robert A. Butterworth, Atty. Gen., and Davis G. Anderson and Peggy Quince, Asst. Attys. Gen., Tampa, for respondent.

PER CURIAM.

We review McKnight v. State, 595 So.2d 1059 (Fla. 2d DCA 1992), because of its conflict with State v. Kendrick, 596 So.2d 1153 (Fla. 5th DCA 1992), review dismissed, 613 So.2d 5 (Fla. 1992). We have jurisdiction under article V, section 3(b)(3) of the Florida Constitution.

We hold that the trial judge has the discretion to place an habitual felony offender on probation. As the basis for our conclusion, we adopt the rationale of the en banc opinion in King v. State, 597 So.2d 309 (Fla. 2d DCA), review denied, 602 So.2d 942 (Fla. 1992). We do not address the other points raised by petitioner.

We disapprove Kendrick to the extent that it conflicts with our opinion, and we approve the decision below.

It is so ordered.

BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.