STATE OF FLORIDA, PETITIONER,
v.
MICHAEL FULLER, RESPONDENT

Fla. | 1993-04-08
No. 80729
BARKETT, C.J., and OVERTON, McDonald, GRIMES, KOGAN and HARDING, JJ., concur.
616 So. 2d 49 Florida Supreme Court (1993) Positive Treatment
Cited by 3 cases
Opinion of the Court
SHAW, Justice.

SHAW, Justice.

We have for review Fuller v. State, 605 So. 2d 1307 (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 Fuller and remand for proceedings consistent with Rucker,1

It is so ordered.

BARKETT, C.J., and OVERTON, McDonald, GRIMES, KOGAN and HARDING, JJ., concur. . We decline to address the other certified question in Fuller since neither party raised or briefed the issue.

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  • Irving v. State, 627 So. 2d 92 (Fla. 3d DCA 1993)
    …e commission of a [*96] felony arose out of the same act, the doctrine of double jeopardy barred the latter conviction. See Cleveland v. State, 587 So. 2d 1145 (Fla.1991); Pearson v. State, 603 So. 2d 676 (Fla. 3d DCA 1992) quashed on other grounds, 616 So. 2d 49 (Fla.1993); Sessions v. State, 597 So. 2d 832 (Fla. 3d DCA 1992), quashed on other grounds, 610 So. 2d 434 (Fla.1992). Accordingly, we remand Irving’s conviction and sentence for unlawful possession of a firearm while engaged in a criminal offense…
  • Fuller v. State, 619 So. 2d 504 (Fla. 1st DCA 1993)
    …llant’s second appeal to that court in connection with opinions issued by this court. See Fuller v. State, 578 So. 2d 887 (Fla. 1st DCA 1991), decision quashed, 595 So. 2d 20 (Fla.1992); Fuller v. State, 605 So. 2d 1307 (Fla. 1st DCA 1992), quashed, 616 So. 2d 49 (Fla.1993). The only question remaining for our consideration is whether the trial court’s failure to make specific findings that appellant’s prior convictions had not been set aside or pardoned in sentencing appellant as a habitual felony offender…
  • Bennie Lee Pearson v. State, 650 So. 2d 210 (Fla. 3d DCA 1995)
    …elony offender to fifty years in prison with a mandatory minimum of fifteen years without eligibility of parole. On appeal, the sentence was reversed and remanded for resentencing. Pearson v. State, 603 So. 2d 676 (Fla. 3d DCA 1992), rev’d. in part, 616 So. 2d 49 (Fla.1993). On remand, the recommended guidelines range for second degree murder with a firearm was seventeen to twenty-two years in prison, and the permitted range was twelve to twenty-seven years in prison. The State filed a written motion reques…

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