STATE OF FLORIDA, PETITIONER,
v.
CORNELL WATTS, RESPONDENT
OVERTON, Justice.
The State of Florida petitions this Court to review Watts v. State, 578 So. 2d 487 (Fla. 1st DCA 1991), in which the First District Court of Appeal reversed Watt’s sentencing as a habitual offender. The district court certified the following question as being 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.
Id. at 438-39.1
We answered this same certified question in the negative in our decision in State v. Barnes, 595 So. 2d 22 (Fla.1992). Accordingly, we quash that portion of the district court’s decision reversing Watt’s sentencing as a habitual offender and remand this case for further proceedings consistent with our opinion in Barnes.
It is so ordered.
SHAW, C.J. and McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur. . We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Nealy v. State, 652 So. 2d 1175 (Fla. 2d DCA 1995)…unded suspicion to address questions to a citizen, such an encounter becomes nonconsensual when the officer prevents the citizen from exercising his right to walk away. Watts v. State, 578 So. 2d 437 (Fla. 1st DCA), quashed in part on other grounds, 595 So. 2d 19 (Fla.1992); Hill v. State, 561 So. 2d 1245 (Fla. 2d DCA 1990). The activities in the instant case did not give rise to a well-founded suspicion needed to justify a stop and detention. The officers interfered with Nealy’s liberty based on conduct whi…
-
Antoine L. McBRIDE v. State, 665 So. 2d 329 (Fla. 5th DCA 1995)…iver,6 were charged in the same 1989 information. The third felony conviction was for 1988 aggravated battery with a firearm.7 Since defendant had three prior felony convictions, he was properly sentenced as an habitual offender. See State v. Watts, 595 So. 2d 19 (Fla.1992). Apparently, forgetting the 1988 aggravated battery conviction, the defendant argues that the trial court improperly considered the two 1989 convictions for purposes of habitualization because they were nonse-quential convictions. See St…
-
Goodman v. State, 595 So. 2d 1118 (Fla. 1st DCA 1992)…he second issue to the Supreme Court. The Supreme Court has now quashed our decision on the second issue, and remanded to this court for further proceedings consistent with the decision in State v. Barnes, 595 So. 2d 22 (Fla.1992). State v. Goodman, 595 So. 2d 19 (Fla.1992). Based upon Barnes, we vacate and set aside our previous opinion, and affirm the trial court on both issues. AFFIRMED. ERVIN, ZEHMER and WEBSTER, JJ., concur.…
Authorities Cited
- State v. Barnes, 595 So. 2d 22 (Fla. 1992)
- Pallas v. Unemployment Appeals Comm'n, 578 So. 2d 487 (Fla. 5th DCA 1991)