Brooks v. State

Full title: DAVID BROOKS, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Aug 3, 2001

790 So. 2d 604 (Fla. Dist. Ct. App. 2001)

Opinion

CASE NO. 5D99-1643.

Opinion filed August 3, 2001.

Appeal from the Circuit Court for Brevard County, Tonya Rainwater, Judge.

James B. Gibson, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, J.

ON REMAND FROM THE SUPREME COURT

Pursuant to the mandate in Brooks v. State, 26 Fla. L. Weekly S385 (Fla. 2001), we reconsider our previous opinion, Brooks v. State, 753 So.2d 776 (Fla. 5th DCA 2000), in light of Grant v. State, 770 So.2d 655 (Fla. 2000); State v. Cotton, 769 So.2d 345 (Fla. 2000); McKnight v. State, 769 So.2d 1039 (Fla. 2000); and Ellis v. State, 762 So.2d 912 (Fla. 2000), and reinstate Brooks' habitual offender enhancement sentence.

COBB and ORFINGER, R.B., JJ., concur.