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Phillips v. State

Florida Court of Appeals, Second District
Dec 29, 2022
No. 2D22-758 (Fla. Dist. Ct. App. Dec. 29, 2022)

Opinion

2D22-758

12-29-2022

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.

Michael John Phillips, pro se.

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

ON AMENDED MOTION TO CERTIFY A QUESTION OF GREAT PUBLIC IMPORTANCE

PER CURIAM.

We grant the State's amended motion to certify a question of great public importance. We withdraw the order issued December 28, 2022, and substitute this order in its place.

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 majority decision in this case passes upon such a question. We therefore certify the following question to the supreme court:

FOR PURPOSES OF DOUBLE JEOPARDY, DOES A SENTENCE FOR MULTIPLE COUNTS CONSTITUTE A SENTENCING PACKAGE, SUCH THAT A DEFENDANT'S CHALLENGE TO THE SENTENCE FOR ONE COUNT PERMITS THE TRIAL COURT TO REOPEN THE SENTENCE FOR ANOTHER COUNT TO COMPLY WITH THE LAW OR TO EFFECTUATE THE TRIAL COURT'S SENTENCING INTENT?

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


Summaries of

Phillips v. State

Florida Court of Appeals, Second District
Dec 29, 2022
No. 2D22-758 (Fla. Dist. Ct. App. Dec. 29, 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 29, 2022

Citations

No. 2D22-758 (Fla. Dist. Ct. App. Dec. 29, 2022)