Funchess v. State

• Decision Date: 25 November 1992
• Docket Number: No. 79963,79963
• Parties: 17 Fla. L. Week. S719 Michael Andre FUNCHESS, Petitioner, v. STATE of Florida, Respondent.
• Court: Florida Supreme Court

Page 1295

609 So.2d 1295

17 Fla. L. Week. S719

Michael Andre FUNCHESS, Petitioner, v. STATE of Florida, Respondent.

No. 79963.

Supreme Court of Florida.

Nov. 25, 1992.

Rehearing Denied Jan. 5, 1993.

Application for Review of the Decision of the District Court of Appeal--Certified Great Public Importance, First District--Case No. 91-3154 (Duval County).

Nancy A. Daniels, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief, and Charlie McCoy, Asst. Attys. Gen., Tallahassee, for respondent.

OVERTON, Justice.

We have for review Funchess v. State, 597 So.2d 985 (Fla. 1st DCA 1992), in which the district court certified the same questions we recently answered in the negative in Tillman v. State, 609 So.2d 1295 (Fla.1992). For the reasons expressed in Tillman, we approve the decision of the district court.

It is so ordered.

McDONALD, SHAW, GRIMES and HARDING, JJ., concur.

KOGAN, J., dissents with an opinion, in which BARKETT, C.J., concurs.

KOGAN, Justice, dissenting.

I dissent on the basis of my dissenting opinion in Tillman v. State, 609 So.2d 1295 (Fla.1992). The petitioner has only been convicted of one violent crime and therefore cannot be a habitual violent felony offender.

BARKETT, C.J., concurs.