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.