596 So. 2d 1148
District Court of Appeal of Florida
Decided March 20, 1992
District Court of Appeal of Florida · decided 1992-03-20
Cited by 3 later decisions — most recently June 1993
3 state decisions
Key passage — most relied on by later courts
“WHETHER THE DOUBLE JEOPARDY CLAUSES OF THE UNITED STATES AND FLORIDA CONSTITUTIONS WERE VIOLATED BY THE TRIAL COURT'S RECLASSIFYING [PETITIONER'S] OFFENSE AS FELONY PETIT THEFT AND THEN USING THAT FELONY CLASSIFICATION TO ENHANCE [PETITIONER'S] SENTENCE PURSUANT TO THE HABITUAL VIOLENT FELONY OFFENDER STATUTE.”
quoted by 1 later decision, including Gayman v. State
Relies on 584 So. 2d 632 - Gayman v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1992-03-20
View the full empirical analysis of this case →
¶1Affirmed. See Gayman v. State, 584 So.2d 632 (Fla. 1st DCA 1991). We agree with Gaymanand thus certify to the Florida Supreme Court the following question of great public importance:
WHETHER THE DOUBLE JEOPARDY CLAUSES OF THE UNITED STATES AND FLORIDA CONSTITUTIONS WERE VIOLATED BY THE TRIAL COURT’S RECLASSIFYING APPELLANT’S OFFENSE AS FELONY PETIT THEFT, THEN USING THAT FELONY CLASSIFICATION TO ENHANCE APPELLANT’S SENTENCE PURSUANT TO THE HABITUAL VIOLENT FELONY OFFENDER STATUTE.