Public-domain · open source
OpenJurist

588 So. 2d 1096

Malone v. State

District Court of Appeal of Florida

Decided November 26, 1991

District Court of Appeal of Florida · decided 1991-11-26

Cited by 2 later decisions — most recently November 1993

1 state decisions

Relies on 576 So. 2d 758 - Barnes v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-11-26

View the full empirical analysis of this case →

PER CURIAM.

¶1REVERSED AND REMANDED for re-sentencing under the authority of Barnes v. State, 576 So.2d 758 (Fla. 1st DCA 1991). We certify the following question as one of great public importance:

WHETHER SECTION 775.084(l)(a)l, FLORIDA STATUTES (SUPP.1988), WHICH DEFINES HABITUAL FELONY OFFENDERS AS THOSE WHO HAVE “PREVIOUSLY BEEN CONVICTED OF TWO OR MORE FELONIES,” REQUIRES THAT EACH OF THE FELONIES BE COMMITTED AFTER CONVICTION FOR THE IMMEDIATELY PREVIOUS OFFENSE.
BOOTH, SMITH and BARFIELD, JJ., concur.
/588/so2d/1096 · .json · Public domain