GABRIEL JOCK KENON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court affirmed the conviction for attempted second-degree murder, held that enhanced sentences as a habitual violent felony offender are permissible for attempted first-degree murder of a law enforcement officer, and affirmed the consecutive nature of the sentences for the attempted murder offenses.
The court held that the crime of attempted second-degree murder exists in Florida and that enhanced sentences as a habitual violent felony offender are permissible for attempted first-degree murder of a law enforcement officer, affirming the consecutive sentences for the attempted murder convictions.
Gabriel Jock Kenon was convicted of attempted second-degree murder and attempted first-degree murder of a law enforcement officer, among other charges…
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PER CURIAM.
We have for review Kenon v. State, 724 So. 2d 716 (Fla. 5th DCA 1999), a decision of the Fifth District Court of Appeal citing as controlling authority its opinion in Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA 1998), approved in part, disapproved in part, 760 So. 2d 89 (Fla.2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So. 2d 418, 420 (Fla.1981). Because the parties have not adequately briefed the merits of the alleged sentencing errors in this case, we quash the decision below and remand for the district court’s consideration in light of our opinion in Maddox.
It is so ordered. WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. . , We decline to address the other issues raised by Kenon that are not the basis of our jurisdiction. See, e.g., Wood v. State, 750 So. 2d 592, 595 n. 3 (Fla.1999); McMullen v. State, 714 So. 2d 368, 373 (Fla.1998).
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Citator
Cited By
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Kenon v. State, 780 So. 2d 258 (Fla. 5th DCA 2001)…s are not cognizable on appeal). Kenon v. State, 724 So. 2d 716 (Fla. 5th DCA 1999). Kenon was quashed by the Florida Supreme Court and remanded to this court for reconsideration in light of Maddox v. State, 760 So. 2d 89 (Fla.2000). Kenon v. State, 764 So. 2d 575 (Fla.2000). Pursuant to the supreme court’s decision in Maddox, we find the issues advanced by Kenon raise unpreserved fundamental errors that allow us to consider these issues on direct appeal for the first time. . In Ward, the defendant was convi…
Authorities Cited
- Maddox v. State, 760 So. 2d 89 (Fla. 2000)
- Jollie v. State, 405 So. 2d 418 (Fla. 1981)
- Wood v. State, 750 So. 2d 592 (Fla. 1999)
- Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA 1998)
- McMULLEN v. State, 714 So. 2d 368 (Fla. 1998)
- Jackson v. State, 724 So. 2d 716 (Fla. 5th DCA 1999)