From Casetext: Smarter Legal Research

Kroll v. State

District Court of Appeal of Florida, First District
Nov 1, 1991
588 So. 2d 8 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-3463.

September 26, 1991. On Motion for Certification November 1, 1991.

An Appeal from the Circuit Court for Okaloosa County; G. Robert Barron, Judge.

Nancy A. Daniels, Public Defender, and Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Suzanne G. Printy, Asst. Atty. Gen., Tallahassee, for appellee.


Michael David Kroll pled nolo contendere to two counts of aggravated battery. He was sentenced as an habitual felony offender based on twelve prior convictions, all imposed on June 30, 1987. He argues on appeal that reversal for resentencing is required by Barnes v. State, 576 So.2d 758 (Fla. 1st DCA 1991). We agree. Therefore, Kroll's sentence as an habitual felony offender is reversed, and the case is remanded for resentencing.

JOANOS, C.J., and SMITH and ZEHMER, JJ., concur.

ON MOTION FOR CERTIFICATION

Appellee's motion for certification is granted, and we certify to the Florida Supreme Court the same question certified in Keel v. State, 582 So.2d 174 (Fla. 1st DCA 1991).

JOANOS, C.J., and SMITH and ZEHMER, JJ., concur.


Summaries of

Kroll v. State

District Court of Appeal of Florida, First District
Nov 1, 1991
588 So. 2d 8 (Fla. Dist. Ct. App. 1991)
Case details for

Kroll v. State

Case Details

Full title:MICHAEL DAVID KROLL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Nov 1, 1991

Citations

588 So. 2d 8 (Fla. Dist. Ct. App. 1991)

Citing Cases

State v. Kroll

OVERTON, Justice. We quash the decision of the district court in Kroll v. State, 588 So.2d 8 (Fla. 1st DCA…