STATE OF FLORIDA, PETITIONER,
v.
STEVEN DARST, RESPONDENT
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LEWIS, J.
We have for review the decision of the Fifth District Court of Appeal, Darst v. State, 816 So. 2d 680 (Fla. 5th DCA 2002), both declaring section 784.07 of the Florida Statutes (1999) to be an enhancement statute, and certifying conflict with Mills v. State, 773 So. 2d 650 (Fla. 1st DCA 2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. This Court granted review in Mills, and addressed the issue presented here. See Mills v. State, 822 So. 2d 1284 (Fla.2002). There we held section 784.07 of the Florida Statutes is a reclassification statute, not an enhancement statute, and thus creates a substantive crime. See id. at 1287. As the district court’s holding is inconsistent with this Court’s decision in Mills, its decision is quashed and the case is remanded to the district court for further proceedings consistent with Mills.
It is so ordered.
ANSTEAD, C.J., and SHAW, WELLS, PARIENTE, QUINCE, and CANTERO, JJ., concur.
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Gangapersad Ramroop v. State, 214 So. 3d 657 (Fla. 2017)…second-degree murder of a law enforcement officer, seeks review of the Fifth District’s decision on the ground that it expressly and directly conflicts with this Court’s decisions in Wright v. State, 586 So. 2d 1024 (Fla. 1991), and State v. Darst, 837 So. 2d 394 (Fla. 2002), on whether the crime of attempted murder of a law enforcement officer constitutes a substantive criminal offense. We have jurisdiction. See Art. V, § 3(b)(3), Fla. Const. The Fifth District correctly concluded that the jury instruction…
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Jomolla v. State, 990 So. 2d 1234 (Fla. 3d DCA 2008)…t of his sentence under section 775.085 constitutes a double [*1240] jeopardy violation because it punishes him for his act of committing the battery and for his thoughts in committing the battery. This argument is without merit. In State v. Darst, 837 So. 2d 394 (Fla.2002), the Florida Supreme Court explained that the reclassification of an offense based upon the status of the victim does not violate double jeopardy principles. Likewise, in Mills v. State, 822 So. 2d 1284 (Fla.2002), the Florida Supreme Cou…
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Darst v. State, 838 So. 2d 661 (Fla. 5th DCA 2003)…PER CURIAM. The supreme court has quashed our decision in Darst v. State, 816 So. 2d 680 (Fla. 5th DCA 2002), and has remanded the case to this court. State v. Darst, 837 So. 2d 394 (Fla.2002). The supreme court’s rationale for its decision is explained in Mills v. State, 822 So. 2d 1284 (Fla.2002). Accordingly, we affirm the conviction and downward departure sentence. AFFIRMED. THOMPSON, C.J., PETERSON and SAWAYA, JJ., c…
Authorities Cited
- Gayson Mills v. State, 822 So. 2d 1284 (Fla. 2002)
- Gayson J. Mills v. State, 773 So. 2d 650 (Fla. 1st DCA 2000)
- Darst v. State, 816 So. 2d 680 (Fla. 5th DCA 2002)