KELVIN WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KELVIN WILLIAMS, APPELLANT,
STATE OF FLORIDA, APPELLEE
596 So. 2d 1148
Florida District Court of Appeal, Second District (1992)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Gayman v. State, 584 So. 2d 632 (Fla. 1st DCA 1991). We agree with Gayman and thus certify to the Florida Supreme Court the following question of great public importance:
WHETHER THE DOUBLE JEOPARDY CLAUSES OF THE UNITED STATES AND FLORIDA CONSTITUTIONS WERE VIOLATED BY THE TRIAL COURT’S RECLASSIFYING APPELLANT’S OFFENSE AS FELONY PETIT THEFT, THEN USING THAT FELONY CLASSIFICATION TO ENHANCE APPELLANT’S SENTENCE PURSUANT TO THE HABITUAL VIOLENT FELONY OFFENDER STATUTE.
LEHAN, A.C.J., and FRANK and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Mills v. State, 620 So. 2d 1006 (Fla. 1993)…PER CURIAM. We review Mills v. State, 596 So. 2d 1148 (Fla. 4th DCA 1992), because of certified conflict with Cherry v. State, 572 So. 2d 521 (Fla. 1st DCA 1990). We have jurisdiction under article V, section 3(b)(4) of the Florida Constitution. Mills was convicted of armed trafficking in cocaine and…
-
Dorcy Gayman v. State, 616 So. 2d 17 (Fla. 1993)…OVERTON, Justice. We have for review Gayman v. State, 584 So. 2d 632 (Fla. 1st DCA 1991), and Williams v. State, 596 So. 2d 1148 (Fla. 2d DCA 1992), in which the district courts affirmed Petitioners’ felony petit theft convictions and habitual felony offender sentences and certified the following question as one of great public importance: WHETHER THE DOUBLE JEOPARDY CLAUSES…
-
Smith v. State, 609 So. 2d 148 (Fla. 2d DCA 1992)…[*149] PER CURIAM. We affirm as to all points, but we certify the question we certified in Williams v. State, 596 So. 2d 1148 (Fla. 2d DCA 1992). DANAHY, A.C.J., and HALL and PATTERSON, JJ., concur.…
Authorities Cited
- Dorcy Gayman v. State, 584 So. 2d 632 (Fla. 1st DCA 1991)