JOHN SPARKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1981-02-18
No. 80-301
HERSEY and GLICKSTEIN, JJ., and WETHERINGTON, GERALD T., Associate Judge, concur.
394 So. 2d 200 Florida District Court of Appeal, Fourth District (1981) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

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[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.


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Cited By

  • Sparks v. State, 406 So. 2d 1113 (Fla. 1981)
    …PER CURIAM. The certified question having been answered in the affirmative in State v. Goodson, 403 So. 2d 1337 (Fla.1981), the decision of the district court, 394 So. 2d 200, is approved. It is so ordered. ADKINS, Acting C. J., and BOYD, OVERTON, ALDERMAN and MCDONALD, JJ., concur.…

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