Public-domain · open source
OpenJurist

577 So. 2d 725

Docket No. 90-746.

Daniels v. State

Berlie DANIELS, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided April 15, 1991.

District Court of Appeal of Florida · decided 1991-04-15

Cited by 6 later decisions — most recently June 1994

6 state decisions

Key passage — most relied on by later courts

“GIVEN THE LEGISLATIVE INTENT UNDERLYING CHAPTER 88-131, LAWS OF FLORIDA, AND THE COURT'S DECISIONS IN STATE V. ENMUND, 476 So.2d 165 (FLA. 1985), AND STATE V. BOATWRIGHT, 559 So.2d 210 (FLA. 1990), DOES A TRIAL JUDGE HAVE THE DISCRETION, UNDER SECTIONS 775.021(4) AND 775.084, FLORIDA STATUTES (SUPP. 1988), TO IMPOSE CONSECUTIVE LIFE TERMS, EACH WITH A FIFTEEN YEAR MINIMUM MANDATORY TERM OF INCARCERATION, FOR FIRST DEGREE FELONIES COMMITTED BY AN HABITUAL VIOLENT FELONY OFFENDER?”

quoted by 1 later decision, including Daniels v. State

Relies on 476 So. 2d 165 - State v. Carney · 559 So. 2d 210 - State v. Boatwright

Good law ✅— No negative treatment on recordhow we know

Decided 1991-04-15

View the full empirical analysis of this case →

¶1Louis O. Frost, Jr., Public Defender and James T. Miller, Asst. Public Defender, Jacksonville, for appellant.

¶2Robert A. Butterworth, Atty. Gen. and William A. Hatch, Asst. Atty. Gen., Tallahassee, for appellee.

¶3PER CURIAM.

¶4Appellant Daniels asserts that the trial court erred: (1) in imposing three consecutive 15-year minimum mandatory sentences for offenses which arose from the same incident; (2) in denying his motions for judgment of aquittal; and (3) in permitting improper comments in the presence of the jury. We AFFIRM each of the three points raised but certify the following question, on the first point, as one of great public importance:

GIVEN THE LEGISLATIVE INTENT UNDERLYING CHAPTER 88-131, LAWS OF FLORIDA, AND THE COURT'S DECISIONS IN STATE V. ENMUND, 476 So.2d 165 (FLA. 1985), AND STATE V. BOATWRIGHT, 559 So.2d 210 (FLA. 1990), DOES A TRIAL JUDGE HAVE THE DISCRETION, UNDER SECTIONS 775.021(4) AND 775.084, FLORIDA STATUTES (SUPP. 1988), TO IMPOSE CONSECUTIVE LIFE TERMS, EACH WITH A FIFTEEN YEAR MINIMUM MANDATORY TERM OF INCARCERATION, FOR FIRST DEGREE FELONIES COMMITTED *726 BY AN HABITUAL VIOLENT FELONY OFFENDER?

¶5WIGGINTON, MINER and WOLF, JJ., concur.

/577/so2d/725 · .json · Public domain