GEORGE JERNIGAN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Burdick v. State, 594 So. 2d 267 (Fla. 1992)
  ….” In conclusion, we hold, as the five district courts of appeal have held, that first-degree felonies punishable by a term of years not exceeding life imprisonment are subject to enhancement under the habitual offender statute.9 See Lock v. State, 582 So. 2d 819, 819 (Fla. 2d DCA 1991); Newton v. State, 581 So. 2d 212, 213 (Fla. 4th DCA 1991); Westbrook v. State, 574 So. 2d 1187, 1188 (Fla. 3d DCA 1991); Paige v. State, 570 So. 2d 1108, 1109 (Fla. 5th DCA 1990). We also hold that sentencing under sections…
• Hayes v. State, 598 So. 2d 135 (Fla. 5th DCA 1992)
  ….Stat. Burdick v. State, 594 So. 2d 267 (Fla.1992); Harris v. State, 586 So. 2d 1350 (Fla. 1st DCA 1991), approved, 594 So. 2d 272 (Fla.1992); Sheffield v. State, 585 So. 2d 396 (Fla. 1st DCA 1991), approved, 595 So. 2d 37 (Fla.1992); Lock v. State, 582 So. 2d 819 (Fla. 2d DCA 1991), approved, 595 So. 2d 50 (Fla.1992); Newton; Tucker v. State, 576 So. 2d 931 (Fla. 5th DCA 1991), approved, 595 So. 2d 956 (Fla.1992); Westbrook v. State, 574 So. 2d 1187 (Fla. 3d DCA 1991), approved, 595 So. 2d 50 (Fla.1992); Pai…
• Harris v. State, 593 So. 2d 301 (Fla. 2d DCA 1992)
  …aw that condemns the particular criminal conduct involved, is still a first degree felony and subject to enhancement by Section 775.084(4)(a)(l), Florida Statutes.” Burdick v. State, 584 So. 2d 1035, 1038 (Fla. 1st DCA 1991); see also Lock v. State, 582 So. 2d 819 (Fla. 2d DCA 1991); Paige v. State, 570 So. 2d 1108 (Fla. 5th DCA 1990). We therefore affirm the convictions but remand for resentencing. SCHOONOVER, C.J., and DANAHY, J., concur.…

Authorities Cited

• Blair v. State, 554 So. 2d 1226 (Fla. 2d DCA 1990)