Opinion
No. 78378.
February 20, 1992. Rehearing Denied April 16, 1992.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, First District — Case No. 90-01218 (Alachua County).
Robert A. Butterworth, Atty. Gen. and Bradley R. Bischoff, Tallahassee, for petitioner.
Nancy A. Daniels, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for respondent.
The State of Florida petitions this Court to review Price v. State, 582 So.2d 830 (Fla. 1st DCA 1991), in which the First District Court of Appeal reversed Price's sentencing as a habitual offender. The district court certified the following question as one of great public importance:
WHETHER SECTION 775.084(1)(a)1, FLORIDA STATUTES (SUPP. 1988), WHICH DEFINES HABITUAL FELONY OFFENDERS AS THOSE WHO HAVE "PREVIOUSLY BEEN CONVICTED OF TWO OR MORE FELONIES," REQUIRES THAT EACH OF THE FELONIES BE COMMITTED AFTER CONVICTION FOR THE IMMEDIATELY PREVIOUS OFFENSE.Id. at 830.
We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
We recently answered this same certified question in the negative in our decision in State v. Barnes, 595 So.2d 22 (Fla. 1992). Accordingly, we quash the district court's decision in Price and remand this case for further proceedings consistent with our opinion in Barnes.
It is so ordered.
SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.