MILTON BERNARD THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1992-09-02
No. 91-2667
ANSTEAD, LETTS and STONE, JJ., concur.
605 So. 2d 143 Florida District Court of Appeal, Fourth District (1992) Positive Treatment
Cited by 2 cases
Topics
Habitual Offender Sentencing Affirmative Defense Burden Of Proof

Explore caselaw by topic → Browse Habitual Offender Sentencing cases and more on FLexlaw

Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause is reversed upon the authority of Wilson v. State, 605 So. 2d 141 (Fla. 4th DCA 1992), and remanded for resentencing. We certify the same question as we did in Wilson and Van Bryant v. State, 602 So. 2d 582 (Fla. 4th DCA 1992):

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 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 PROVIDED BY THE STATE HAVE BEEN PARDONED BY THE STATE OR SET ASIDE?

The other points on appeal are affirmed.

REVERSED AND REMANDED.

ANSTEAD, LETTS and STONE, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Curci Vill. Condo. Ass'n, Inc. v. Maria, 14 So. 3d 1175 (Fla. 4th DCA 2009)
    …tionships among the condominium unit owners and the condominium association.” Woodside Vill. Condo. Ass’n v. Jahren, 806 So. 2d 452, 455-56 (Fla.2002). A declaration of condominium must be strictly construed. Palm Beach Hotel Condo. Ass’n v. Rogers, 605 So. 2d 143, 145 (Fla. 4th DCA 1992). Two sections of the declaration required Santa Maria to obtain written permission of the board prior to making improvements or alterations to her property or the common elements. Santa Maria was required to comply with the…
  • Edlund v. Seagull Townhomes Condo. Ass'n, Inc., 928 So. 2d 405 (Fla. 3d DCA 2006)
    …ll compel the performance of a contract only in the precise terms agreed upon by the parties themselves”) (citations omitted); Squires v. McCarey, 515 So. 2d 316, 317 (Fla. 5th DCA 1987) (same); see also Palm Beach Hotel Condominium Ass’n v. Rogers, 605 So. 2d 143, 145 (Fla. 4th DCA 1992) (confirming that a declaration of condominium must be strictly construed); Brickell Bay Club Condominium Ass’n, Inc. v. Hernstadt, 512 So. 2d 994, 996 (Fla. 3d DCA 1987) (a statutorily required declaration of condominium gov…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw