Public-domain · open source
OpenJurist

610 So. 2d 5

Peek v. State

District Court of Appeal of Florida

Decided November 2, 1992

District Court of Appeal of Florida · decided 1992-11-02

Cited by 3 later decisions — most recently June 1993

3 state decisions

Relies on 606 So. 2d 709 - Jones v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-11-02

View the full empirical analysis of this case →

PER CURIAM.

¶1Appellant’s sentences are REVERSED and the case is REMANDED to the trial court for resentencing in compliance with the habitual offender statute. Jones v. State, 606 So.2d 709 (Fla. 1st DCA 1992). The trial court is reminded that section 775.084, Florida Statutes, no longer applies to misdemeanor offenses, and that the sentence for the third degree felony may not exceed the ten year statutory maximum.

ERVIN, ZEHMER and BARFIELD, JJ., concur.

¶2ON MOTION FOR CERTIFICATION

PER CURIAM.

¶3Appellee’s motion for certification is granted. The question previously certified in Jones v. State, 606 So.2d 709 (Fla. 1st DCA 1992), is certified in the instant case.

¶4ERVIN and ZEHMER, JJ., concur.

¶5BARFIELD, J., dissents, with opinion.

/610/so2d/5 · .json · Public domain