Harris v. State, 91-1361

Decision Date16 October 1991
Docket NumberNo. 91-1361,91-1361
Citation586 So.2d 1350
PartiesChristopher A. HARRIS, Appellant, v. STATE of Florida, Appellee. 586 So.2d 1350, 16 Fla. L. Week. D2699
CourtFlorida District Court of Appeals

An Appeal from the Circuit Court for Duval County; John Southwood, Judge.

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

Robert A. Butterworth, Atty. Gen., and Amelia L. Beisner, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

AFFIRMED. Burdick v. State, 584 So.2d 1035 (Fla. 1st DCA 1991) (en banc). As in Burdick, we certify the following question to the Supreme Court as one of great public importance:

IS A FIRST DEGREE FELONY PUNISHABLE BY A TERM OF YEARS NOT EXCEEDING LIFE IMPRISONMENT SUBJECT TO AN ENHANCED SENTENCE OF LIFE IMPRISONMENT PURSUANT TO THE PROVISIONS OF THE HABITUAL FELONY OFFENDER STATUTE?

BOOTH, WOLF and KAHN, JJ., concur.

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3 cases
  • Hayes v. State, 91-2067
    • United States
    • Florida District Court of Appeals
    • April 17, 1992
    ...of a term of years not exceeding life. Sec. 775.084, Fla.Stat. Burdick v. State, 594 So.2d 267 (Fla.1992); Harris v. State, 586 So.2d 1350 (Fla. 1st DCA 1991), approved, 594 So.2d 272 (Fla.1992); Sheffield v. State, 585 So.2d 396 (Fla. 1st DCA 1991), approved, 595 So.2d 37 (Fla.1992); Lock ......
  • Harris v. State
    • United States
    • Florida Supreme Court
    • February 27, 1992
    ...Butterworth, Atty. Gen., and Amelia L. Beisner, Asst. Atty. Gen., Tallahassee, for respondent. PER CURIAM. We approve Harris v. State, 586 So.2d 1350 (Fla. 1st D.C.A. 1991), on the authority of Burdick v. State, 594 So.2d 267 It is so ordered. SHAW, C.J. and OVERTON, McDONALD, BARKETT, GRIM......
  • Avery v. Department of Health and Rehabilitative Services, 90-2607
    • United States
    • Florida District Court of Appeals
    • October 17, 1991
    ... ... contends that the trial court erred in adjudicating the children dependent because the state failed to prove by a preponderance of the evidence that the children were abandoned, abused, or ... ...

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