KENNETH RUCKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KENNETH RUCKER, APPELLANT,
STATE OF FLORIDA, APPELLEE
598 So. 2d 326
Florida District Court of Appeal, First District (1992)
Positive Treatment
Cited by 2 cases
Topics
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Opinion of the Court
PER CURIAM.
Appellant seeks review of his judgment and sentence on burglary and criminal mischief charges. We affirm the first two issues, but reverse as to the sentencing issue raised and remand for resentencing pursuant to Anderson v. State, 592 So. 2d 1119 (Fla. 1st DCA 1991), rehearing denied (Fla. 1st DCA Feb. 13, 1992) and Hodges v. State, 596 So. 2d 481 (Fla. 1st DCA 1992). As in Anderson and Hodges, we certify the following question as one of great public importance:
DOES THE HOLDING IN EUTSEY V. STATE, 383 SO.2D 219 (FLA.1980), THAT THE STATE HAS NO BURDEN OF PROOF AS TO WHETHER THE CONVICTIONS NECESSARY FOR HABITUAL FELONY OFFENDER SENTENCING HAVE BEEN PARDONED OR SET ASIDE, IN THAT THEY ARE “AFFIRMATIVE DEFENSES AVAILABLE TO [A DEFENDANT],” EUTSEY AT 226, RELIEVE THE TRIAL COURT OF ITS STATUTORY OBLIGATION TO MAKE FINDINGS REGARDING THOSE FACTORS, IF THE DEFENDANT DOES NOT AFFIRMATIVELY RAISE, AS A DEFENSE, THAT THE QUALIFYING CONVICTIONS PRO VIDED BY THE STATE HAVE BEEN PARDONED OR SET ASIDE?
JOANOS, C.J., and ALLEN and WEBSTER, JJ., concur.
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Citator
Cited By
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State v. Rucker, 613 So. 2d 460 (Fla. 1993)…SHAW, Justice. We have for review Rucker v. State, 598 So. 2d 326 (Fla. 1st DCA 1992), wherein the district court certified: Does the holding in Eutsey v. State, 383 So. 2d 219 (Fla.1980), that the State has no burden of proof as to whether the convictions necessary for habitual felony offender sentencing have be…
Authorities Cited
- Anderson v. State, 592 So. 2d 1119 (Fla. 1st DCA 1991)
- Hodges v. State, 596 So. 2d 481 (Fla. 1st DCA 1992)