Florida District Courts of Appeal, 1992

Davis v. State

Davis v. State
Florida District Courts of Appeal · Decided February 5, 1992 · Booth, Miner, Shivers
592 So. 2d 388; 1992 Fla. App. LEXIS 943; 1992 WL 21093 (Southern Reporter, Second Series)

Davis v. State

Opinion of the Court

PER CURIAM.

This cause is before us on appeal from judgments and sentences entered for 51 felony convictions. We affirm without discussion the judgments. However, we must reverse and remand for resentencing 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, SHIVERS and MINER, JJ„ concur.

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