Florida District Courts of Appeal, 1991

Carter v. State

Carter v. State
Florida District Courts of Appeal · Decided September 26, 1991 · Joanos, Smith, Zehmer
588 So. 2d 8; 1991 WL 192038 (Southern Reporter, Second Series)

Carter v. State

Opinion of the Court

PER CURIAM.

Charles R. Carter was convicted by jury of issuing worthless cheeks. He was sentenced as an habitual felony offender based on three prior convictions, all imposed on January 5, 1987. He argues on appeal that reversal for resentencing is required by Barnes v. State, 576 So.2d 758 (Fla. 1st DCA 1991). We agree. Therefore, Carter’s sentence as an habitual felony offender is reversed, and the case is remanded for resentencing.

JOANOS, C.J., and SMITH and ZEHMER, JJ., concur.

ON MOTION FOR CERTIFICATION

Appellee’s motion for certification is granted, and we certify to the Florida Supreme Court the same question certified in Keel v. State, 582 So.2d 174 (Fla. 1st DCA 1991).

JOANOS, C.J., and SMITH and ZEHMER, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.