Hall v. State

Full title: MICHAEL LENARD HALL, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court: Supreme Court of Florida

Date published: Feb 16, 1993

616 So. 2d 414 (Fla. 1993)

Opinion

No. 79237.

December 3, 1992. Rehearing Denied February 16, 1993.

Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, First District — Case No. 91-581-(Duval County).

Nancy A. Daniels, Public Defender and Kathleen Stover, Asst. Public Defender, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen., and James W. Rogers, Bureau Chief, and Edward C. Hill, Jr., Asst. Atty. Gen., Tallahassee, for respondent.

OVERTON, Justice.

We have for review Hall v. State, 588 So.2d 1089 (Fla. 1st DCA 1991), in which the district court certified the same questions 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., 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.