Dobson v. State
| Decision Date | 11 September 1997 |
| Docket Number | No. 87356,87356 |
| Citation | 699 So.2d 629 |
| Parties | 22 Fla. L. Weekly S561 Roland DOBSON, Petitioner, v. STATE of Florida, Respondent. |
| Court | Florida Supreme Court |
Application for Review of the Decision of the District Court of Appeal--Direct Conflict of Decisions; Fifth District--Case Nos. 94-1063; 94-1334; (Volusia County).
James B. Gibson, Public Defender and Susan A. Fagan, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, for Petitioner.
Robert A. Butterworth, Attorney General and Ann M. Childs, Assistant Attorney General, Daytona Beach, for Respondent.
We have for review Dobson v. State, 665 So.2d 386 (Fla. 5th DCA 1996). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We have exercised our discretion to review this decision because it summarily affirmed petitioner's habitual offender sentence with a citation to Young v. State, 663 So.2d 1376 (Fla. 5th DCA 1995). Because we quashed Young to the extent that it held that a trial judge had the authority under section 775.08401 to sua sponte initiate habitual offender proceedings against an eligible defendant, we must also quash the Fifth District's per curiam affirmance in Dobson where the district court relied solely on its earlier opinion in Young. See Young v. State, 699 So.2d 624 (Fla.1997).
It is so ordered.
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...defender's office be appointed "across the board," the defendant must affirmatively request such representation. In Smith v. State, 699 So. 2d 629 (Fla. 1997), an assistant public defender volunteered and was appointed to represent Smith after he had been indicted on multiple charges, inclu......