Supreme Court of Florida, 1992

Becker v. State

Supreme Court of Florida · Decided December 3, 1992 · Barkett, Grimes, Harding, Kogan, McDonald, Overton, Shaw

612 So. 2d 559; 17 Fla. L. Weekly Supp. 738; 1992 Fla. LEXIS 2044; 1992 WL 354250 (Southern Reporter, Second Series)

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.

Opinion of the Court

OVERTON, Justice.

We have for review Becker v. State, 592 So.2d 1266 (Fla. 1st DCA 1991), in which the district court certified the same questions we answered in Reeves v. State, 612 So.2d 560 (Fla. 1992). In accordance with our decision in Reeves, 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.

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