Becker v. State

Full title: ROBERT ALTON BECKER, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court: Supreme Court of Florida

Date published: Dec 3, 1992

612 So. 2d 559 (Fla. 1992)

Opinion

No. 79392.

December 3, 1992.

Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, First District — Case No. 91-1320 (Duval County).

Nancy A. Daniels, Public Defender and Nada M. Carey, Asst. Public Defender, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen., and James W. Rogers, Bureau Chief, Criminal Appeals, and Sara D. Baggett, Asst. Attys. Gen., Tallahassee, for respondent.

OVERTON, Justice.

We have for review Becker v. State, 592 So.2d 1266 (Fla. 1st DCA 1991), in which the district court certified the same questions we answered in Reeves v. State, 612 So.2d 560 (Fla. 1992). In accordance with our decision in Reeves, we approve the decision of the district court.

It is so ordered.

McDONALD, SHAW, GRIMES and HARDING, JJ., concur.

KOGAN, J., dissents with an opinion, in which BARKETT, C.J., concurs.

KOGAN, Justice, dissenting.

I dissent on the basis of my dissenting opinion in Tillman v. State, 609 So.2d 1295 (Fla. 1992). The petitioner has only been convicted of one violent crime and therefore cannot be a habitual violent felony offender.

BARKETT, C.J., concurs.