JOHN E. WARD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1992-12-17
No. 79986
BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
609 So. 2d 1298 Florida Supreme Court (1992) Positive Treatment
Cited by 2 cases

Opinion of the Court
OVERTON, Justice.

OVERTON, Justice.

We have for review Ward v. State, 598 So. 2d 331 (Fla. 1st DCA 1992), in which the district court certified the same question 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.

BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.


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    …a.1993), we find any error in the trial court’s failure to specifically find that appellant’s prior convictions had not been pardoned or set aside to be harmless. Also, on the authority of Tillman v. State, 609 So. 2d 1295 (Fla.1992), Ward v. State, 609 So. 2d 1298 (Fla.1992), and Perkins v. State, 616 So. 2d 9 (Fla.1993), we reject appellant’s constitutional challenge to the habitual offender statute. However, we do agree that the trial court erred in imposing an enhanced sentence for the kidnapping with a we…

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