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Sparks v. State

District Court of Appeal of Florida, Fourth District
Feb 18, 1981
394 So. 2d 200 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-301.

February 18, 1981.

Appeal from Circuit Court, St. Lucie County; C. Pfeiffer Trowbridge, Judge.

Elton H. Schwarz, Public Defender, and Howardene Garrett, Asst. Public Defender, Fort Pierce, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Stewart J. Bellus, Asst. Atty. Gen., West Palm Beach, for appellee.


Affirmed on the authority of Barnhill v. State, 393 So.2d 557, (Fla. 4th DCA 1980). Provided, however, in order to preserve appellant's rights we certify the following question:

[I]s a person excluded from mandatory classification under section 958.04[2][a], Florida Statutes (Supp. 1978) when prior to sentencing the offender has been found guilty of a qualifying felony under the act and has simultaneously been found guilty of other felonies?

HERSEY and GLICKSTEIN, JJ., and WETHERINGTON, GERALD T., Associate Judge, concur.


Summaries of

Sparks v. State

District Court of Appeal of Florida, Fourth District
Feb 18, 1981
394 So. 2d 200 (Fla. Dist. Ct. App. 1981)
Case details for

Sparks v. State

Case Details

Full title:JOHN SPARKS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 18, 1981

Citations

394 So. 2d 200 (Fla. Dist. Ct. App. 1981)

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