JAMES TOMMY PEEK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1992-11-02
No. 91-2872
ERVIN, ZEHMER and BARFIELD, JJ., concur.
610 So. 2d 5 Florida District Court of Appeal, First District (1992) Negative Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM. PER CURIAM.

PER CURIAM.

Appellant’s sentences are REVERSED and the case is REMANDED to the trial court for resentencing in compliance with the habitual offender statute. Jones v. State, 606 So. 2d 709 (Fla. 1st DCA 1992). The trial court is reminded that section 775.084, Florida Statutes, no longer applies to misdemeanor offenses, and that the sentence for the third degree felony may not exceed the ten year statutory maximum.

ERVIN, ZEHMER and BARFIELD, JJ., concur. ON MOTION FOR CERTIFICATION

PER CURIAM.

Appellee’s motion for certification is granted. The question previously certified in Jones v. State, 606 So. 2d 709 (Fla. 1st DCA 1992), is certified in the instant case.

ERVIN and ZEHMER, JJ., concur. BARFIELD, J., dissents, with opinion.

Dissent
BARFIELD, Judge,

BARFIELD, Judge,

dissents.

I dissent to the granting of the motion for certification, not to the certification itself. It is unnecessary that this court re-certify an issue presently pending before the supreme court. Our opinion cites and follows the case presently pending before the Florida Supreme Court. This is a sufficient basis for invoking the jurisdiction of the supreme court. Jollie v. State, 405 So. 2d 418 (Fla.1981). It is an unnecessary burden on counsel and the judges of this court to constantly review and address this kind of redundancy.

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Cited By

  • State v. Peek, 616 So. 2d 50 (Fla. 1993)
    …SHAW, Justice. We have for review Peek v. State, 610 So. 2d 5 (Fla. 1st DCA 1992), wherein the district court certified a question of great public importance. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We have since answered the question in State v. Rucker, 613 So. 2d 460 (Fla.1993). We quash Peek an…
  • Peek v. State, 619 So. 2d 434 (Fla. 1st DCA 1993)
    …709 (Fla. 1st DCA 1992), an en banc opinion which required reversal of habitual offender sentences when the trial court failed to make the specific findings required by the habitual offender statute, but we certified the question, see Peek v. State, 610 So. 2d 5 (Fla. 1st DCA 1992). In State of Florida v. James Tommy Peek, 616 So. 2d 50 (Fla.1993), the supreme court quashed our opinion and remanded for proceedings consistent with State v. Rucker, 613 So. 2d 460, 462 (Fla.1993), in which it held that when…

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