Martin v. State, 90-1251
| Decision Date | 12 August 1991 |
| Docket Number | No. 90-1251,90-1251 |
| Citation | 583 So.2d 804 |
| Parties | James Lee MARTIN, Appellant, v. STATE of Florida, Appellee. 583 So.2d 804, 16 Fla. L. Week. D2136 |
| Court | Florida District Court of Appeals |
An Appeal from the Circuit Court for Bradford County; James Tomlinson, Judge.
Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Bradley R. Bischoff, Asst. Atty. Gen., for appellee.
Appellant's conviction is affirmed. Because, however, the habitual felony offender sentence imposed under Section 775.084(1)(a)1, Florida Statutes (1989), is not supported by sequential convictions, appellant's sentence is reversed and the case remanded for resentencing. Fuller v. State, 578 So.2d 887 (Fla. 1st DCA 1991), petition for review filed, No. 77,907 ; Razz v. State, 576 So.2d 901 (Fla. 1st DCA 1991), petition for review filed, No. 77,761 (Fla. Apr. 16, 1991). Accord Barnes v. State, 576 So.2d 758 (Fla. 1st DCA 1991), petition for review filed, No. 77,751 (Fla. Apr. 17, 1991). In accordance with the above case law, we certify the following question to the supreme court as one of great public importance:
WHETHER SECTION 775.084(1)(a)1, FLORIDA STATUTES (1989), WHICH DEFINES HABITUAL FELONY OFFENDERS AS THOSE WHO HAVE "PREVIOUSLY BEEN CONVICTED OF ANY COMBINATION OF TWO OR MORE FELONIES IN THE STATE OR OTHER QUALIFIED OFFENSES," REQUIRES THAT EACH OF THE FELONIES BE COMMITTED AFTER CONVICTION FOR THE IMMEDIATE PREVIOUS OFFENSE?
We affirm on the second issue appellant raised without comment.
AFFIRMED in part, REVERSED in part, and REMANDED for resentencing.
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Martin v. State, 90-1251
...court erred by sentencing him in excess of the plea agreement without affording him a chance to withdraw his plea. In Martin v. State, 583 So.2d 804 (Fla. 1st DCA 1991), we reversed the first issue and certified the question to the supreme court and affirmed the second issue without comment......
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...Second Judicial Circuit, Tallahassee, for respondent. OVERTON, Judge. We quash the decision of the district court in Martin v. State, 583 So.2d 804 (Fla. 1st DCA 1991), on the authority of State v. Barnes, 595 So.2d 22 (Fla.1992), 1 and remand for further proceedings consistent with our dec......