ELLIS D. DOWNS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ELLIS D. DOWNS, APPELLANT,
STATE OF FLORIDA, APPELLEE
768 So. 2d 1149
Florida District Court of Appeal, Second District (2000)
Negative Treatment
Cited by 2 cases
Topics
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Opinion of the Court
PER CURIAM.
Ellis D. Downs appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm on the basis of Burgess v. State, 764 So. 2d 749 (Fla. 2d DCA 2000). We certify the same question we certified in Burgess, which is:
AFTER THE HOLDING IN CALLA-WAY,
CAN A TRIAL COURT RELY UPON A SWORN ARREST REPORT IN THE COURT FILE TO DETERMINE, AS A MATTER OF LAW, THAT CONSECUTIVE HABITUAL OFFENDER SENTENCES ARE ILLEGAL? '
Affirmed; question certified.
BLUE, A.C.J., and WHATLEY and DAVIS, JJ., Concur. . State v. Callaway, 658 So. 2d 983 (Fla.1995), receded from on other grounds by Dixon v. State, 730 So. 2d 265 (Fla.1999).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ellis D. Downs v. State, 853 So. 2d 396 (Fla. 2003)…eview a decision of the Second District Court of Appeal, in which the court certified as a question of great public importance the same question certified by that court and answered in Burgess v. State, 831 So. 2d 137 (Fla.2002). See Downs v. State, 768 So. 2d 1149 (Fla. 2d DCA 2000). We have jurisdiction. See Art. V, § 3(b)(4), Fla. Const. We accept jurisdiction in this case, quash the decision of the Second District, and remand for reconsideration in light of our decision in Burgess. It is so ordered. A…
Authorities Cited
- State v. Callaway, 658 So. 2d 983 (Fla. 1995)
- Dixon v. State, 730 So. 2d 265 (Fla. 1999)
- Burgess v. State, 764 So. 2d 749 (Fla. 2d DCA 2000)