Florida District Courts of Appeal, 1992

Cecil v. State

Cecil v. State
Florida District Courts of Appeal · Decided December 31, 1992 · Joanos, Shivers, Zehmer
611 So. 2d 584; 1992 Fla. App. LEXIS 13594; 1992 WL 389249 (Southern Reporter, Second Series)

Cecil v. State

Opinion of the Court

ON MOTION FOR REHEARING

PER CURIAM.

Appellee, the State of Florida, has moved for rehearing of this court’s opinion dated November 24, 1992, affirming the imposition on Glinder Lee Cecil of an habitual felony offender sentence, pursuant to section 775.084(1)(a), Florida Statutes, but certifying the questions certified in Tillman v. State, 586 So.2d 1269 (Fla. 1st DCA 1992). The motion is granted. The opinion herein dated November 24, 1992 is withdrawn, and the following opinion is substituted therefor.

Glinder Lee Cecil has appealed from an order of the trial court sentencing her as an habitual felony offender, arguing that section 775.084(l)(a) violates double jeopardy because of its focus on the character of prior offenses. We affirm. See Tillman v. State, 586 So.2d 1269 (Fla. 1st DCA), approved 609 So.2d 1295 (Fla. 1992).

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

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