MICHAEL ANDRÉ FUNCHESS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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.
It is so ordered.
McDonald, SHAW, GRIMES and HARDING, JJ., concur. KOGAN, J., dissents with an opinion, in which BARKETT, C.J., concurs.
KOGAN, Justice,
dissenting.
I dissent on the basis of my dissenting opinion in Tillman v. State, 609 So. 2d 1295 (Fla.1992). The petitioner has only been convicted of one violent crime and therefore cannot be a habitual violent felony offender. BARKETT, C.J., concurs.
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Hale v. State, 630 So. 2d 521 (Fla. 1993)…Hale was improperly sentenced to consecutive terms of imprisonment; and (3) whether the sentences imposed constitute cruel or unusual punishment. We answer the certified questions in the negative in accordance with our decision in Tillman v. State, 609 So. 2d 1295 (Fla.1992). We also find that the district court erred in upholding the imposition of consecutive sentences and order that the sentences run concurrently. Finally, we hold that the concurrent sentences that we herein order be imposed do not constitu…
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McKNIGHT v. State, 769 So. 2d 1039 (Fla. 2000)…the legislative objectives of discouraging recidivism in criminal offenders and enhancing the punishment of those who reoffend, thereby comporting with the requirements of due process. See Hale v. State, 630 So. 2d 521 (Fla.1993); Tillman v. State, 609 So. 2d 1295 (Fla.1992); Ross v. State, 601 So. 2d 1190 (Fla.1992); Eutsey v. State, 383 So. 2d 219 (Fla.1980). McKnight, 727 So. 2d at 319. In context, we interpret the Third District’s statement that "the decision to sentence the defendant as a PRR is exclusi…
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McKNIGHT v. State, 727 So. 2d 314 (Fla. 3d DCA 1999)…the legislative objectives of discouraging recidivism in criminal offenders and enhancing the punishment of those who reoffend, thereby comporting with the requirements of due process. See Hale v. State, 630 So. 2d 521 (Fla.1993); Tillman v. State, 609 So. 2d 1295 (Fla.1992); Ross v. State, 601 So. 2d 1190 (Fla.1992); Eutsey v. State, 383 So. 2d 219 (Fla.1980). For the reasons set forth herein the defendant’s sentence is affirmed. We certify direct conflict with State v. Cotton. . House Bill 1371 (1997) was…
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- Michael André Funchess v. State, 597 So. 2d 985 (Fla. 1st DCA 1992)
- Leshawn Tillman v. State, 609 So. 2d 1295 (Fla. 1992)