JOSEPH T. BARNHART, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1991-04-29
No. 89-3105
SMITH, J., concurs., NIMMONS, J., specially concurs, with opinion.
578 So. 2d 507 Florida District Court of Appeal, First District (1991) Positive Treatment
Cited by 4 cases
Topics
Prior Felony Convictions Certified Question Of Great Public Importance Habitual Offender Sentencing

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Opinion of the Court
SHIVERS, Chief Judge.

SHIVERS, Chief Judge.

This appeal is from the trial court’s classification of Barnhart as a habitual offender. Of the four issues Barnhart raises, we find that one has merit.

Barnhart entered a plea of nolo conten-dere to escape, attempted burglary, three counts of forgery and three counts of uttering a forgery. The offenses were committed on December 7, 1988. The trial court classified and sentenced Barnhart as a habitual offender based on four prior felony convictions which arose from separate events and were entered on April 18, 1988. Because all four prior felony convictions were entered on the same day, the trial court erred in finding Barnhart to be a habitual offender. Barnes v. State, 576 So. 2d 758 (Fla. 1st DCA 1991) (en banc). As in Barnes, we certify the following question to be one of great public importance:

WHETHER SECTION 775.084(l)(a)(l), 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?

REVERSED AND REMANDED.

SMITH, J., concurs.

NIMMONS, J., specially concurs, with opinion.

Concurrence
NIMMONS, Judge, specially

NIMMONS, Judge, specially

concurring.

I concur only because the majority of this court has recently spoken on this issue in Barnes v. State, 576 So. 2d 758 (Fla. 1st DCA 1991), wherein I dissented.

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Citator

Cited By

  • State v. Barnhart, 595 So. 2d 951 (Fla. 1992)
    …OVERTON, Justice. The State of Florida petitions this Court to review Barnhart v. State, 578 So. 2d 507 (Fla. 1st DCA 1991), in which the First District Court of Appeal reversed Barn-hart’s sentencing as a habitual offender. The district court certified the following question as being of great public importance: WHETHER SECTION 775.084(l)(a)(l), FLOR…
  • Barnhart v. State, 597 So. 2d 977 (Fla. 1st DCA 1992)
    …SHIVERS, Judge. In Barnhart v. State, 578 So. 2d 507 (Fla. 1st DCA 1991), we reversed Barnhart’s sentencing as a habitual offender and affirmed all other issues. The supreme court quashed our reversal of Barnhart’s sentence as a habitual offender in State v. Barnhart, 595 So. 2d 951 (Fla.1992). Accord…

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