JAMES ALLEN PERKOWSKI, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
JAMES ALLEN PERKOWSKI, PETITIONER,
STATE OF FLORIDA, RESPONDENT
616 So. 2d 26
Florida Supreme Court (1993)
Caution
Cited by 13 cases
Opinion of the Court
PER CURIAM.
Pursuant to jurisdiction granted under article V, section 3(b)(4), Florida Constitution, we review Perkowski v. State, 605 So. 2d 498, 500 (Fla. 4th DCA 1992), because the district court certified the following question to be one of great public importance:
IS HABITUAL OFFENDER CLASSIFICATION PERMITTED WHERE THE PREDICATE OFFENSE FOR WHICH APPELLANT WAS PREVIOUSLY CONVICTED OCCURRED SUBSEQUENT TO THE COMMISSION OF THE SUBJECT OFFENSE?
We answer in the affirmative upon the rationale expressed in the opinion under review and adopt it as our own.
It is so ordered.
BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.
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Kendall Postell v. State, 629 So. 2d 1115 (Fla. 5th DCA 1994)…PER CURIAM. AFFIRMED. See Perkowski v. State, 616 So. 2d 26 (Fla.1993). HARRIS, C.J., and COBB and GOSHORN, JJ., concur.…
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Perkowski v. State, 920 So. 2d 836 (Fla. 4th DCA 2006)…seoresheet error. First, Perkowski claims that his habitual violent felony offender sentence was illegal. However, he raised this issue on direct appeal, and this court affirmed. See Perkowski v. State, 605 So. 2d 498 (Fla. 4th DCA 1992), approved, 616 So. 2d 26 (Fla.1993). Thus, the law of the case governs. See State v. McBride, 848 So. 2d 287 (Fla.2003). Perkowski also claims that Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) and Blakely v. Washington, 542 U.S. 296, 124 S.Ct…
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Miller v. State, 625 So. 2d 952 (Fla. 2d DCA 1993)…ses occurred immediately following the September 12 verdict. Although Miller’s most recent convictions in case 88 were used as the “prior” felonies to support habitual offender sentences in the earlier case 87, we affirm based on Perkowski v. State, 616 So. 2d 26 (Fla.1993). In Perkowski, the Florida Supreme Court ruled that the habitual offender classification may be based on predicate offenses committed after the offense for which the defendant is being sentenced. Because Miller was convicted in case 88 pr…
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- Perkowski v. State, 605 So. 2d 498 (Fla. 4th DCA 1992)