JOSE CABAL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1995-06-28
No. 95-99
Before HUBBART, GERSTEN and GODERICH, JJ.
656 So. 2d 290 Florida District Court of Appeal, Third District (1995) Negative Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm based on the authority of Jennings v. State, 498 So. 2d 1373 (Fla. 1st DCA 1986). We also certify conflict with Woods v. State, 654 So. 2d 606 (Fla. 5th DCA 1995), Archibald v. State, 646 So. 2d 298 (Fla. 5th DCA 1994), and Spicer v. State, 615 So. 2d 725 (Fla. 2d DCA 1993).

Affirmed; conflict certified.


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    …OVERTON, Justice. We have for review Cabal v. State, 656 So. 2d 290 (Fla. 3d DCA 1995). In Cabal, the district court found that section 775.0845, Florida Statutes (1993), which imposes an enhanced penalty for wearing a mask while committing a felony, acted to reclassify the underlying felony to a distinct, separate…

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