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Oglesby v. State

District Court of Appeal of Florida, First District
Aug 16, 1991
583 So. 2d 733 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-2699.

July 23, 1991. On Motion for Certification August 16, 1991.

Appeal from the Circuit Court for Okaloosa County; Judge G. Robert Barron.

Nancy A. Daniels, Public Defender, and Lynn A. Williams, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Bradley R. Bischoff, Asst. Atty. Gen., Tallahassee, for appellee.


The trial court's denial of appellant's motion to discharge and replace his court-appointed counsel is AFFIRMED.

The habitual offender statute, section 775.084, Florida Statutes (1989), is constitutional. Pittman v. State, 570 So.2d 1045 (Fla. 1st DCA 1990); Arnold v. State, 566 So.2d 37 (Fla.2d DCA 1990), rev. den., 576 So.2d 284 (Fla. 1991); Johnson v. State, 564 So.2d 1174 (Fla. 4th DCA 1990), rev. den., 576 So.2d 288 (Fla. 1991); Roberts v. State, 559 So.2d 289 (Fla. 2d DCA), dism., 564 So.2d 488 (Fla. 1990); King v. State, 557 So.2d 899 (Fla. 5th DCA), rev. den., 564 So.2d 1086 (Fla. 1990). See also Barber v. State, 564 So.2d 1169 (Fla. 1st DCA), rev. den., 576 So.2d 284 (Fla. 1990), construing section 775.084, Florida Statutes (1987).

However, under Barnes v. State, 576 So.2d 758 (Fla. 1st DCA 1991), rev. pending, No. 77,751 (Fla.), the habitual offender classification is REVERSED.

ZEHMER, BARFIELD and WOLF, JJ., concur.


ON MOTION FOR CERTIFICATION


Appellee's Motion for Certification is granted and we certify to the Florida Supreme Court the same question certified in Barnes v. State, 576 So.2d 758 (Fla. 1st DCA 1991), review pending, case no. 77,751 (Fla.).

ZEHMER, BARFIELD and WOLF, JJ., concur.


Summaries of

Oglesby v. State

District Court of Appeal of Florida, First District
Aug 16, 1991
583 So. 2d 733 (Fla. Dist. Ct. App. 1991)
Case details for

Oglesby v. State

Case Details

Full title:THOMAS J. OGLESBY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Aug 16, 1991

Citations

583 So. 2d 733 (Fla. Dist. Ct. App. 1991)

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