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616 So. 2d 596

Moore v. State

District Court of Appeal of Florida · decided 1993-04-07

Cited by 2 later decisions — most recently May 2000

2 state decisions

Relies on Cross v. State · 550 So. 2d 111 - Scott v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-04-07

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POLEN, Judge,

¶1concurring specially:

¶2I agree with the majority's reversal of appellant’s sentence as an habitual violent felony offender, but I would again certify the question we originally certified in Scott v. State, 550 So.2d 111 (Fla. 4th DCA 1989):

MAY THE HABITUAL OFFENDER STATUTE BE APPLIED TO A DEFENDANT WHO WAS ORIGINALLY SUBJECT TO THE STATUTE BUT WAS INSTEAD PLACED ON PROBATION AND WHOSE PROBATION WAS LATER REVOKED?

¶3Review was dismissed in Scottat 560 So.2d 235 (Fla.1990), so the supreme court has not yet addressed the question certified. Since the fifth district has now held otherwise in Snead, as noted by the majority, *597perhaps the supreme court will revisit (or visit) this issue.

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