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.