JOHN CHRISTOPHER STABILE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 2003-01-30
No. SC01-2053
ANSTEAD, C.J., WELLS,, PARIENTE, LEWIS, QUINCE, and CANTERO, JJ., and SHAW, Senior Justice, concur.
838 So. 2d 557 Florida Supreme Court (2003) Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

This case is before the Court on the same issue certified for resolution and answered by this Court in Knight v. State, 808 So. 2d 210 (Fla.2002).1 In Knight, we answered the certified question in the affirmative and approved the district court’s resolution of the issue. Because the district court’s holding here is consistent with our holding in Knight, we approve the district court’s decision2 and decline to address the issues not certified.

It is so ordered.

ANSTEAD, C.J., WELLS,

PARIENTE, LEWIS, QUINCE, and CANTERO, JJ., and SHAW, Senior Justice, concur. . We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. . Stabile v. State, 790 So. 2d 1235 (Fla. 5th DCA 2001).

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Andrews v. State, 892 So. 2d 1209 (Fla. 5th DCA 2005)
    …PER CURIAM. Sylvester Andrews appeals the judgment and habitual violent felony offender sentence imposed on him by the trial court. The case of Stabile v. State, 790 So. 2d 1235 (Fla. 5th DCA 2001), approved, 838 So. 2d 557 (Fla.2003), answers the first issue that he raises on appeal. The case of Walker v. State, 790 So. 2d 1200 (Fla. 5th DCA 2001), answers the second. AFFIRMED. SAWAYA, C.J., PETERSON and MONACO, JJ., concur.…
  • Akers v. State, 890 So. 2d 1257 (Fla. 5th DCA 2005)
    …offender Act, section 775.082(9), Florida Statutes (2002), does not increase a defendant’s penalty beyond the statutory maximum; rather, it puts limits on the trial court’s discretion. Stabile v. State, 790 So. 2d 1235 (Fla. 5th DCA 2001), approved, 838 So. 2d 557 (Fla. 2003). If the state, therefore, establishes by a preponderance of the evidence that a defendant meets the definition of a prison releasee reoffender, the defendant must be sentenced for a term of imprisonment of five years if the crime committ…
  • Eubanks v. State, 917 So. 2d 898 (Fla. 5th DCA 2005)
    …two subsections quoted above. Further, this court has ruled that armed burglary is a qualifying offense, without regard to whether or not the dwelling is occupied. See Stabile v. State, 790 So. 2d 1235 (Fla. 5th DCA 2001), approved on other grounds, 838 So. 2d 557 (Fla.2003). To the extent Bradshaw is in conflict with Stabile and this opinion, we certify that a conflict exists. Motion for Rehearing, Clarification and Certification GRANTED. AFFIRMED. PETERSON and TORPY, JJ., concur. . § 775.082(9)(a)l., Fla…

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