KING ANTHONY GREEN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
We have for review Green v. State, 583 So. 2d 796, 797 (Fla. 1st DCA 1991), in which the district court certified the following question of great public importance: *
Is a first-degree felony punishable by a term of years not exceeding life imprisonment subject to an enhanced sentence of life imprisonment pursuant to the provisions of the habitual felony offender statute [section 775.084, Florida Statutes (1989) ]?
We answered this question in the affirmative in Burdick v. State, 594 So. 2d 267 (Fla.1992). We therefore approve the opinion below.
It is so ordered.
SHAW, C.J. and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur. *
We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.
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Amendments to the Florida Rules of Appellate Procedure, 685 So. 2d 773 (Fla. 1996)…n footnotes. (a) Florida Supreme Court. (1) 1846-1886: Livingston v. L’Engle, 22 Fla. 427 (1886). (2) 1887-1948: Hanna v. Martin, 160 Fla. 967, 37 So. 2d 579 (1948). (This is the last case for parallel citation.) (3) 1948-date: Fenelon v. State, 594 So. 2d 292 (Fla.1992). (4) For recent opinions not yet published in the Southern Reporter, cite to Florida Law Weekly: Traylor v. State, 17 Fla.L.Weekly S42 (Fla. Jan. 16,1992). If not therein, cite to the slip opinion: Traylor v. State, No. 70,051 (Fla. Jan.…
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Coney v. State, 653 So. 2d 1009 (Fla. 1995)…on for the judge. Once the judge decides in favor of admissibility, the statement passes into the realm of the trier of fact to determine weight, character, and credibility, and it would be error for the judge to comment on it. See Fenelon v. State, 594 So. 2d 292, 294 (Fla.1992) (“[T]he judge should not invade the province of the jury by commenting on the evidence or indicating what inferences may be drawn from it.”).3 We find no error in the present case. Coney next claims that the court erred in conductin…
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Woods v. State, 733 So. 2d 980 (Fla. 1999)…hat it probably would have changed the verdict.” Clark v. State, 379 So. 2d 97, 101 (Fla.1979); see also Parker v. State, 641 So. 2d 369, 376 (Fla.1994); Freeman v. State, 547 So. 2d 125, 128 (Fla.1989), abrogated on other grounds, Fenelon v. State, 594 So. 2d 292 (Fla.1992); McVeigh v. State, 73 So. 2d 694, 698 (Fla.1954); see generally Jones v. State, 709 So. 2d 512, 521 (Fla.1998) (stating similar rule for new trial based on newly discovered evidence in postconviction proceedings); State v. Spaziano, 692 S…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Burdick v. State, 594 So. 2d 267 (Fla. 1992)
- O'Donnell v. State, 583 So. 2d 796 (Fla. 1st DCA 1991)
- King Anthony Green v. State, 583 So. 2d 796 (Fla. 1st DCA 1991)