MICHAEL ANDRÉ FUNCHESS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the defendant's habitual violent felony offender sentence but certified two questions of great public importance to the Florida Supreme Court.
The defendant was classified as a habitual violent felony offender and sentenced to an extended term of imprisonment. The defendant challenged this cl…
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SMITH, Judge.
Appellant’s constitutional challenge of his habitual violent felony offender sentence is AFFIRMED. However pursuant to Fla.R.App.P. 9.030(a)(2)(v), we certify the following questions to be of great public importance:
1. DOES IT VIOLATE A DEFENDANT’S SUBSTANTIVE DUE PROCESS RIGHTS WHEN HE IS CLASSIFIED AS A VIOLENT FELONY OFFENDER PURSUANT TO SECTION 775.084, FLORIDA STATUTES (1989), AND THEREBY SUBJECTED TO AN EXTENDED TERM OF IMPRISONMENT, IF HE HAS BEEN CONVICTED OF AN ENUMERATED VIOLENT FELONY WITHIN THE PREVIOUS FIVE YEARS, EVEN THOUGH HIS PRESENT OFFENSE IS A NONVIOLENT FELONY?
2. DOES SECTION 775.084(l)(b), FLORIDA STATUTES (1989), VIOLATE THE CONSTITUTIONAL PROTECTION AGAINST DOUBLE JEOPARDY BY INCREASING A DEFENDANT’S PUNISHMENT DUE TO THE NATURE OF A PRIOR OFFENSE?
See Hall v. State, 588 So. 2d 1089 (Fla. 1st DCA 1991), pet. for rev. pending, no. 79,237; Tillman v. State, 586 So. 2d 1269 (Fla. 1st DCA 1991), pet. for rev. pending, no. 78,715; Perkins v. State, 583 So. 2d 1103 (Fla. 1st DCA 1991), pet. for rev. pending, no. 78,613.
AFFIRMED.
ZEHMER and WEBSTER, JJ., concur.
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Michael André Funchess v. State, 609 So. 2d 1295 (Fla. 1992)…OVERTON, Justice. We have for review Funchess v. State, 597 So. 2d 985 (Fla. 1st DCA 1992), in which the district court certified the same questions we recently answered in the negative in Tillman v. State, 609 So. 2d 1295 (Fla. 1992). For the reasons expressed in Tillman, we approve the decision of the district court.…
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Penton v. State, 605 So. 2d 1319 (Fla. 1st DCA 1992)…ver, we certify to the Florida Supreme Court the following question of great public importance: DOES SECTION 775.084, FLORIDA STATUTES (1989), VIOLATE THE CONSTITUTIONAL PROTECTIONS AGAINST DOUBLE JEOPARDY AND EX POST FACTO? See Funchess v. State, 597 So. 2d 985 (Fla. 1st DCA 1992), pet. for rev. pending, No. 79,963; Reeves v. State, 593 So. 2d 232 (Fla. 1st DCA 1991), pet. for rev. pending, No. 79,386; Tillman v. State, 586 So. 2d 1269 (Fla. 1st DCA 1991), pet. for rev. pending, No. 78,715. Convictions AF…
Authorities Cited
- Isaiah Perkins v. State, 583 So. 2d 1103 (Fla. 1st DCA 1991)
- Leshawn Tillman v. State, 586 So. 2d 1269 (Fla. 1st DCA 1991)
- Hall v. State, 588 So. 2d 1089 (Fla. 1st DCA 1991)