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616 So. 2d 7

Docket No. 80071.

Burton v. State

Joseph BURTON, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida

Decided January 21, 1993.

Supreme Court of Florida · decided 1993-01-21

Cited by 4 later decisions — most recently March 1999

4 state decisions

Key passage — most relied on by later courts

“the resentencing requirement will apply only to those defendants affected by the amendments to section 775.084 contained in chapter 89-280.”

quoted by 1 later decision, including 615 So. 2d 745 - Miffin v. State

Relies on 616 So. 2d 1 - State v. Johnson · 600 So. 2d 1101 - Nicholson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-01-21

View the full empirical analysis of this case →

¶1Joseph Burton, in pro. per.

¶2Robert A. Butterworth, Atty. Gen., and Peggy A. Quince and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for respondent.

¶3OVERTON, Justice.

¶4We have for review Burton v. State,600 So.2d 1110 (Fla. 2d DCA 1992), in which the district court addressed the same question we recently answered in State v. Johnson,616 So.2d 1 (Fla. 1993).[1] In accordance with our decision in Johnson, we quash, in part, the decision of the district court in the instant case.

¶5Nevertheless, we approve Burton's sentence. The record in this case reflects that Burton was sentenced under section 775.084, Florida Statutes (1989), because of several prior felony convictions. None of the prior conviction categories under which Burton was habitualized were altered by the amendments to section 775.084 contained in chapter 89-280, Laws of Florida. Consequently, we approve the result of the district court's decision because Burton's sentence is not affected by our decision in Johnson. We decline to consider the remaining issues raised by Burton.

¶6It is so ordered.

¶7BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.

NOTES

¶8[1] We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

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