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Davis v. State

District Court of Appeal of Florida, First District
Feb 5, 1992
592 So. 2d 388 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-00622.

February 5, 1992.

An Appeal from the Circuit Court for Escambia County; Frank Bell, Judge.

Nancy A. Daniels, Public Defender, and David P. Gauldin, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Marilyn McFadden, Asst. Atty. Gen., Tallahassee, for appellee.


This cause is before us on appeal from judgments and sentences entered for 51 felony convictions. We affirm without discussion the judgments. However, we must reverse and remand for resentencing under the authority of Barnes v. State, 576 So.2d 758 (Fla. 1st DCA 1991). We certify the following question as one of great public importance:

WHETHER SECTION 775.084(1)(a)1, FLORIDA STATUTES (SUPP. 1988), WHICH DEFINES HABITUAL FELONY OFFENDERS AS THOSE WHO HAVE "PREVIOUSLY BEEN CONVICTED OF TWO OR MORE FELONIES," REQUIRES THAT EACH OF THE FELONIES BE COMMITTED AFTER CONVICTION FOR THE IMMEDIATELY PREVIOUS OFFENSE.

BOOTH, SHIVERS and MINER, JJ., concur.


Summaries of

Davis v. State

District Court of Appeal of Florida, First District
Feb 5, 1992
592 So. 2d 388 (Fla. Dist. Ct. App. 1992)
Case details for

Davis v. State

Case Details

Full title:KENNETH EUGENE DAVIS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Feb 5, 1992

Citations

592 So. 2d 388 (Fla. Dist. Ct. App. 1992)

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OVERTON, Justice. We quash the decision of the district court in Davis v. State, 592 So.2d 388 (Fla. 1st DCA…