MICHAEL DAVID KROLL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL DAVID KROLL, APPELLANT,
STATE OF FLORIDA, APPELLEE
588 So. 2d 8
Florida District Court of Appeal, First District (1991)
Negative Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Michael David Kroll pled nolo contendere to two counts of aggravated battery. He was sentenced as an habitual felony offender based on twelve prior convictions, all imposed on June 30, 1987. He argues on appeal that reversal for resentencing is required by Barnes v. State, 576 So. 2d 758 (Fla. 1st DCA 1991). We agree. Therefore, Kroll’s sentence as an habitual felony offender is reversed, and the case is remanded for resentencing.
JOANOS, C.J., and SMITH and ZEHMER, JJ., concur. ON MOTION FOR CERTIFICATION
Appellee’s motion for certification is granted, and we certify to the Florida Supreme Court the same question certified in Keel v. State, 582 So. 2d 174 (Fla. 1st DCA 1991).
JOANOS, C.J., and SMITH and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Carter, 595 So. 2d 955 (Fla. 1992)…OVERTON, Justice. We quash the decision of the district court in Carter v. State, 588 So. 2d 8 (Fla. 1st DCA 1991), on the authority of State v. Barnes, 595 So. 2d 22 (Fla.1992), and remand this cause for further proceedings consistent with our decision in Barnes. It is so ordered. SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN and HAR…
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Carter v. State, 598 So. 2d 301 (Fla. 1st DCA 1992)…ppeal to this court, Carter argued that he should not have been sentenced as an habitual felony offender, because the predicate convictions had been entered at the same time. We reversed and certified the issue to the Supreme Court. Carter v. State, 588 So. 2d 8 (Fla. 1st DCA 1991). In State v. Carter, 595 So. 2d 955 (Fla.1992), the Supreme Court quashed our decision, and remanded to this court for further proceedings consistent with State v. Barnes, 595 So. 2d 22 (Fla.1992). Along with his argument based…
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State v. Kroll, 595 So. 2d 955 (Fla. 1992)…OVERTON, Justice. We quash the decision of the district court in Kroll v. State, 588 So. 2d 8 (Fla. 1st DCA 1991), on the authority of State v. Barnes, 595 So. 2d 22 (Fla.1992), and remand this cause for further proceedings consistent with our decision in Barnes. It is so ordered. SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN and HAR…
Authorities Cited
- Barnes v. State, 576 So. 2d 758 (Fla. 1st DCA 1991)
- Renwick Lamar Keel v. State, 582 So. 2d 174 (Fla. 1st DCA 1991)