Summary
In State of Florida v. James Tommy Peek, 616 So.2d 50 (Fla. 1993), the supreme court quashed our opinion and remanded for proceedings consistent with State v. Rucker, 613 So.2d 460, 462 (Fla. 1993), in which it held that when the state introduces unrebutted evidence of the defendant's prior convictions, e.g., certified copies, "a court may infer that there has been no pardon or set aside.
Summary of this case from Peek v. StateOpinion
No. 81099.
April 8, 1993.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, First District — Case No. 91-2872 (Escambia County).
Robert A. Butterworth, Atty. Gen., and James W. Rogers, Bureau Chief — Criminal Appeals, and Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for petitioner.
Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for respondent.
We have for review Peek v. State, 610 So.2d 5 (Fla. 1st DCA 1992), wherein the district court certified a question of great public importance. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We have since answered the question in State v. Rucker, 613 So.2d 460 (Fla. 1993). We quash Peek and remand for proceedings consistent with Rucker.
It is so ordered.
BARKETT, C.J., and OVERTON, McDONALD, GRIMES, KOGAN and HARDING, JJ., concur.