JERRY D. NEWTON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1992-02-27
No. 78185
SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.
594 So. 2d 306 Florida Supreme Court (1992) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We approve Newton v. State, 581 So. 2d 212 (Fla. 4th DCA 1991), on the authority of Burdick v. State, 594 So. 2d 267 (Fla.1992).

It is so ordered. SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.


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  • Hayes v. State, 598 So. 2d 135 (Fla. 5th DCA 1992)
    …le by imprisonment for a term of years not exceeding life and, when committed with a firearm, is enhanced to a life felony pursuant to section 775.087(1)(a), Florida Statutes. See, e.g., Newton v. State, 581 So. 2d 212 (Fla. 4th DCA 1991), approved, 594 So. 2d 306 (Fla.1992). The habitual offender statute is inapplicable to life felonies but permits enhancement of first degree felonies punishable by imprisonment of a term of years not exceeding life. § 775.084, Fla.Stat. Burdick v. State, 594 So. 2d 267 (Fla.…
  • Bennie Lee Pearson v. State, 603 So. 2d 676 (Fla. 3d DCA 1992)
    …DCA 1990); Barber v. State, 564 So. 2d 1169 (Fla. 1st DCA), rev. denied, 576 So. 2d 284 (Fla.1990); SECOND DISTRICT: Ledesma v. State, 528 So. 2d 470 (Fla. 2d DCA 1988); FOURTH DISTRICT: Newton v. State, 581 So. 2d 212 (Fla. 4th DCA 1991), approved, 594 So. 2d 306 (Fla.1992); Walker v. State, 580 So. 2d 281 (Fla. 4th DCA 1991), rev. dismissed, 593 So. 2d 1049 (Fla.1992); FIFTH DISTRICT: Power v. State, 568 So. 2d 511 (Fla. 5th DCA 1990).…
  • Newton v. State, 603 So. 2d 558 (Fla. 4th DCA 1992)
    …The trial court sentenced appellant as a habitual felony offender on all counts. The habitual offender statute, section 775.084, Florida Statutes (1989), does not apply to life felonies. Newton v. State, 581 So. 2d 212 (Fla. 4th DCA 1991), approved, 594 So. 2d 306 (Fla.1992); Walker v. State, 580 So. 2d 281 (Fla. 4th DCA 1991), jurisdiction improvidently granted, 593 So. 2d 1049 (Fla.1992); Sibley v. State, 586 So. 2d 1245 (Fla. 1st DCA 1991), rev. denied, 599 So. 2d 658 (Fla.1992) (habitual offender statute…

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