CHARLES ANDREW WALSINGHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1991-12-27
No. 91-01571
LEHAN, A.C.J., and HALL and PATTERSON, JJ., concur.
590 So. 2d 1112 Florida District Court of Appeal, Second District (1991) Negative Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm defendant’s life sentence imposed pursuant to section 775.084(4)(a)l, Florida Statutes (1989). We certify the same question as in Walsingham v. State, 576 So. 2d 365 (Fla. 2d DCA 1991). We further certify that we are in conflict with Henry v. State, 581 So. 2d 928 (Fla. 3d DCA 1991).

LEHAN, A.C.J., and HALL and PATTERSON, JJ., concur.


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  • Powell v. State, 595 So. 2d 223 (Fla. 1st DCA 1992)
    …ams, 520 So. 2d at 276; Denson v. State, 556 So. 2d 823 (Fla. 1st DCA), review dismissed, 562 So. 2d 347 (Fla.1990); O’Conner v. State, 587 So. 2d 596 (Fla. 2d DCA 1991). See also Barkley v. State, 585 So. 2d 418 (Fla. 1st DCA 1991); Smith v. State, 590 So. 2d 1112 (Fla. 2d DCA 1991). In Ahnen v. State, 565 So. 2d 855 (Fla. 2d DCA 1990), in circumstances similar to those in this case, the victim hired a private investigator to locate his stolen property, because he believed the sheriff’s office had suppressed…
  • Walsingham v. State, 602 So. 2d 1297 (Fla. 1992)
    …PER CURIAM. We review Walsingham v. State, 590 So. 2d 1112 (Fla. 2d DCA1991), based on conflict jurisdiction.1 Walsingham was convicted of the first-degree felony of arson and found to be a habitual offender. The trial court sentenced Walsingham to 25 years in prison followed by 20 years probation. The Sec…
    1 / 2
  • Walsingham v. State, 637 So. 2d 963 (Fla. 2d DCA 1994)
    …A 1991). Upon remand the trial court noted that it was empowered to choose between a life term, in accordance with our mandate, and a non-habitualized guidelines term of 7-9 years. The court imposed a life term, and we affirmed. Walsingham v. State, 590 So. 2d 1112 (Fla. 2d DCA 1991). The supreme court, however, quashed our decision as a result of its then recent holding in Burdick v. State, 594 So. 2d 267 (Fla.1992), i.e., that sentencing under the habitual offender statute is permissive, rather than mandator…

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