Florida District Courts of Appeal, 1991

Price v. State

Price v. State
Florida District Courts of Appeal · Decided July 31, 1991 · Barfield, Booth, Miner
582 So. 2d 830; 1991 Fla. App. LEXIS 8015; 1991 WL 146670 (Southern Reporter, Second Series)

Price v. State

Opinion of the Court

PER CURIAM.

REVERSED AND REMANDED for re-sentencing under the authority of Barnes v. State, 576 So.2d 758 (Fla. 1st DCA 1991). We certify the following question as one of great public importance:

WHETHER SECTION 775.084(l)(a)l, FLORIDA STATUTES (SUPP. 1988), WHICH DEFINES HABITUAL FELONY OFFENDERS AS THOSE WHO HAVE “PREVIOUSLY BEEN CONVICTED OF TWO OR MORE FELONIES,” REQUIRES THAT EACH OF THE FELONIES BE COMMITTED AFTER CONVICTION FOR THE IMMEDIATELY PREVIOUS OFFENSE?
BOOTH, BARFIELD and MINER, JJ., concur.

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