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Supreme Court of Florida, 1992

Funchess v. State

Funchess v. State
Supreme Court of Florida · Decided November 25, 1992 · Barkett, Grimes, Harding, Kogan, McDonald, Overton, Shaw
609 So. 2d 1295; 17 Fla. L. Weekly Supp. 719; 1992 Fla. LEXIS 2006; 1992 WL 342012 (Southern Reporter, Second Series)

Funchess v. State

Opinion of the Court

OVERTON, Justice.

We have for review Funchess v. State, 597 So.2d 985 (Fla. 1st DCA 1992), in which the district court certified the same questions we recently answered in the negative in Tillman v. State, 609 So.2d 1295 (Fla. 1992). For the reasons expressed in Tillman, we approve the decision of the district court.

It is so ordered.

McDonald, SHAW, GRIMES and HARDING, JJ., concur. KOGAN, J., dissents with an opinion, in which BARKETT, C.J., concurs.

Dissenting Opinion

KOGAN, Justice,

dissenting.

I dissent on the basis of my dissenting opinion in Tillman v. State, 609 So.2d 1295 (Fla. 1992). The petitioner has only been convicted of one violent crime and therefore cannot be a habitual violent felony offender.

BARKETT, C.J., concurs.

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

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