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588 So. 2d 8

Carter v. State

District Court of Appeal of Florida

Decided September 26, 1991

District Court of Appeal of Florida · decided 1991-09-26

Cited by 3 later decisions — most recently May 1992

3 state decisions

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

Good law ✅— No negative treatment on recordhow we know

Decided 1991-09-26

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PER CURIAM.

¶1Charles R. Carter was convicted by jury of issuing worthless cheeks. He was sentenced as an habitual felony offender based on three prior convictions, all imposed on January 5, 1987. He argues on appeal that reversal for resentencing is required by Barnes v. State, 576 So.2d 758 (Fla. 1st DCA 1991). We agree. Therefore, Carter’s sentence as an habitual felony offender is reversed, and the case is remanded for resentencing.

JOANOS, C.J., and SMITH and ZEHMER, JJ., concur.

¶2ON MOTION FOR CERTIFICATION

¶3Appellee’s motion for certification is granted, and we certify to the Florida Supreme Court the same question certified in Keel v. State, 582 So.2d 174 (Fla. 1st DCA 1991).

¶4JOANOS, C.J., and SMITH and ZEHMER, JJ., concur.

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