Florida District Courts of Appeal, 1992

Williams v. State

Florida District Courts of Appeal · Decided March 20, 1992 · Frank, Lehan, Patterson

596 So. 2d 1148; 1992 WL 88480 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Gayman v. State (Fla. 1993)
Mills v. State (Fla. Dist. Ct. App. 1992)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Affirmed. See Gayman v. State, 584 So.2d 632 (Fla. 1st DCA 1991). We agree with Gayman 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 TO THE HABITUAL VIOLENT FELONY OFFENDER STATUTE.

LEHAN, A.C.J., and FRANK and PATTERSON, JJ., concur.

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