ANTONIO LAVET MALONE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANTONIO LAVET MALONE, APPELLANT,
STATE OF FLORIDA, APPELLEE
588 So. 2d 1096
Florida District Court of Appeal, First District (1991)
Negative Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
REVERSED AND REMANDED for re-sentencing under the authority of Barnes v. State, 576 So. 2d 758 (Fla. 1st DCA 1991). We certify the following question as 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.
BOOTH, SMITH and BARFIELD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Haley Bascom Pippin v. State, 626 So. 2d 1091 (Fla. 1st DCA 1993)…g Appellant’s claims, we must reverse and remand “for either attachment of those portions of the files and records which conclusively show that [Appellant] is entitled to no relief, or further proceedings consistent with Rule 3.850.” Evans v. State, 588 So. 2d 1096 (Fla. 1st DCA 1991). Furthermore, we would be remiss in failing to note that Appellant’s trial counsel, W. Paul Thompson, was reprimanded repeatedly for his incompetent handling of matters in this court as well as his failure to obey the Florida Ru…
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State v. Malone, 597 So. 2d 265 (Fla. 1992)…OVERTON, Justice. We quash the decision of the district court in Malone v. State, 588 So. 2d 1096 (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)