Opinion
No. 80561.
March 18, 1993.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, First District — Case No. 91-02898 (Duval County).
Nancy A. Daniels, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Chief, Appellate Div., Second Judicial Circuit, Tallahassee, for petitioner.
Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief, Criminal Law, and Charlie McCoy, Asst. Atty. Gen., Tallahassee, for respondent.
We have for review Allen v. State, 604 So.2d 934 (Fla. 1st DCA 1992), in which the district court certified the same question we recently answered in the negative in Tillman v. State, 609 So.2d 1295 (Fla. 1992). For the reasons expressed in Tillman, we approve the decision of the district court.
It is so ordered.
McDONALD, SHAW, GRIMES and HARDING, JJ., concur.
KOGAN, J., concurs with an opinion, in which BARKETT, C.J., concurs.
BARKETT, C.J., concurs in result only.
I concur only because Tillman v. State, 609 So.2d 1295 (Fla. 1992), has become the law of this State. However, I still maintain that one may not be a habitual violent felony offender when one has been convicted of only a single violent felony.
BARKETT, C.J., concurs.