Arndt v. State

District Court of Appeal of Florida

Decided January 31, 1992

District Court of Appeal of Florida · decided 1992-01-31

Cited by 5 later decisions — most recently June 1997

5 state decisions

Key passage — most relied on by later courts

“PREVIOUSLY BEEN CONVICTED OF TWO OR MORE FELONIES,”

quoted by 1 later decision, including State v. Arndt

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

Good law ✅— No negative treatment on recordhow we know

Decided 1992-01-31

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PER CURIAM.

¶1Appellee concedes that the issue in this case is controlled by Barnes v. State, 576 So.2d 758 (Fla. 1st DCA 1991). Accordingly, we reverse appellant’s habitual offender sentence and remand for resentencing. As in Barnes, 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?

¶2REVERSED and REMANDED for resen-tencing.

BOOTH, SHIVERS and WEBSTER, JJ., concur.