Miller v. State
Miller v. State
595 So. 2d 1112; 1992 Fla. App. LEXIS 3877; 1992 WL 64471
(Southern Reporter, Second Series)
Miller v. State
Opinion of the Court
Affirmed. See Gagman v. State, 584 So.2d 632 (Fla. 1st DCA 1991). We agree with Gagman and thus certify to the Florida Supreme Court the following question of great public importance:
WHETHER THE DOUBLE JEOPARDY CLAUSES OF THE UNITED STATES AND FLORIDA CONSTITUTIONS WERE VIOLATED BY THE TRIAL COURT’S RECLASSIFYING APPELLANT’S OFFENSE AS FELONY PETIT THEFT, THEN USING THAT FELONY CLASSIFICATION TO ENHANCE APPELLANT’S SENTENCE PURSUANT*1113 TO THE HABITUAL VIOLENT FELONY OFFENDER STATUTE.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.