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588 So. 2d 8

Kroll v. State

District Court of Appeal of Florida

Decided September 26, 1991

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

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

Decided 1991-09-26

PER CURIAM.

¶1Michael David Kroll pled nolo contendere to two counts of aggravated battery. He was sentenced as an habitual felony offender based on twelve prior convictions, all imposed on June 30, 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, Kroll’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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