Opinion
No. 79121.
December 3, 1992. Rehearing Denied February 17, 1993.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, First District — Case No. 90-3500 (Duval County).
Nancy A. Daniels, Public Defender and Abel Gomez, Asst. Public Defender, Tallahassee, for petitioner.
Robert A. Butterworth, Atty. Gen., and James W. Rogers, Bureau Chief, Criminal Appeals, and Charles T. Faircloth, Jr., Asst. Attys. Gen., Tallahassee, for respondent.
We have for review Jolly v. State, 590 So.2d 2 (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). We choose not to consider the other issues raised by the petitioner since they were not discussed by the district court in its opinion. 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., dissenting with an opinion, in which BARKETT, C.J., concurs.
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.