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Phillips v. State

Florida Court of Appeals, Second District
Dec 28, 2022
No. 2D22-758 (Fla. Dist. Ct. App. Dec. 28, 2022)

Opinion

2D22-758

12-28-2022

MICHAEL JOHN PHILLIPS, Appellant, v. STATE OF FLORIDA, Appellee.

Michael John Phillips, pro se. Ashley Moody, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee.


Appeal from the Circuit Court for Hardee County; Michael E. Raiden, Judge.

ON MOTION TO CERTIFY A QUESTION OF GREAT PUBLIC IMPORTANCE

Michael John Phillips, pro se.

Ashley Moody, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

We grant the State's motion to certify a question of great public importance.

The supreme court has discretionary jurisdiction to review decisions of the district court that pass upon a question certified to be of great public importance. Fla. R. App. P. 9.030(a)(2)(A)(v). As both the majority and the dissent recognize, the decision in this case implicates such a question. We therefore certify the following question to the supreme court:

HAS FLORIDA'S DOUBLE JEOPARDY JURISPRUDENCE SINCE FASENMYER V. STATE, 457 SO. 2D 1361, 1366 (FLA. 1984), EXPANDED DOUBLE JEOPARDY PROTECTIONS IN SENTENCING BEYOND WHAT IS CONSTITUTIONALLY REQUIRED?

KHOUZAM, ROTHSTEIN-YOUAKIM, and STARGEL, JJ., Concur.


Summaries of

Phillips v. State

Florida Court of Appeals, Second District
Dec 28, 2022
No. 2D22-758 (Fla. Dist. Ct. App. Dec. 28, 2022)
Case details for

Phillips v. State

Case Details

Full title:MICHAEL JOHN PHILLIPS, Appellant, v. STATE OF FLORIDA, Appellee.

Court:Florida Court of Appeals, Second District

Date published: Dec 28, 2022

Citations

No. 2D22-758 (Fla. Dist. Ct. App. Dec. 28, 2022)