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485 So. 2d 1284

485 So.2d 1284

11 Fla.L.Weekly 157

Smith v. State

Supreme Court of Florida

Decided April 10, 1986

Supreme Court of Florida · decided 1986-04-10

Cited by 3 later decisions — most recently October 1990

3 state decisions

Relies on 472 So. 2d 730 - Florida Bar v. Jones · 450 So. 2d 545 - Whitehead v. State · 470 So. 2d 764 - State v. Smith

Good law ✅— No negative treatment on recordhow we know

Decided 1986-04-10

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McDonald, justice.

¶1We have for review State v. Smith, 470 So.2d 764 (Fla. 5th DCA 1985), which the Fifth District Court of Appeal certified as being in direct conflict with Whitehead v. State, 450 So.2d 545 (Fla. 3d DCA 1984). This Court has jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution. We approve Smithon the authority of State v. Whitehead, 472 So.2d 730 (Fla. 1985), wherein we approved in part and quashed in part the district court’s opinion and in which we held that both imposing a three-year mandatory minimum sentence and reclassifying the second-degree murder conviction from a first-degree felony to a life felony did not constitute impermissible double enhancement.

¶2It is so ordered.

BOYD, C.J., and ADKINS, OVERTON, EHRLICH, SHAW and BARKETT, JJ., concur.
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