Oglesby v. State
Decision Date | 23 July 1991 |
Docket Number | No. 90-2699,90-2699 |
Citation | 583 So.2d 733 |
Parties | Thomas J. OGLESBY, Appellant, v. STATE of Florida, Appellee. 583 So.2d 733, 16 Fla. L. Week. D1888, 16 Fla. L. Week. D2183 |
Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Okaloosa County; Judge G. Robert Barron.
Nancy A. Daniels, Public Defender, and Lynn A. Williams, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., and Bradley R. Bischoff, Asst. Atty. Gen., Tallahassee, for appellee.
The trial court's denial of appellant's motion to discharge and replace his court-appointed counsel is AFFIRMED.
The habitual offender statute, section 775.084, Florida Statutes (1989), is constitutional. Pittman v. State, 570 So.2d 1045 (Fla. 1st DCA 1990); Arnold v. State, 566 So.2d 37 (Fla.2d DCA 1990), rev. den., 576 So.2d 284 (Fla.1991); Johnson v. State, 564 So.2d 1174 (Fla. 4th DCA 1990), rev. den., 576 So.2d 288 (Fla.1991); Roberts v. State, 559 So.2d 289 (Fla. 2d DCA), dism., 564 So.2d 488 (Fla.1990); King v. State, 557 So.2d 899 (Fla. 5th DCA), rev. den., 564 So.2d 1086 (Fla.1990). See also Barber v. State, 564 So.2d 1169 (Fla. 1st DCA), rev. den., 576 So.2d 284 (Fla.1990), section 775.084, Florida Statutes (1987).
However, under Barnes v. State, 576 So.2d 758 (Fla. 1st DCA 1991), rev. pending, No. 77,751 (Fla.), the habitual offender classification is REVERSED.
ON MOTION FOR CERTIFICATION
Appellee's Motion for Certification is granted and we certify to the Florida Supreme Court the same question certified in Barnes v. State, 576 So.2d 758 (Fla. 1st DCA 1991), review pending, case no. 77,751 (Fla.).
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State v. Oglesby
...Lynn A. Williams, Asst. Public Defender, Tallahassee, for respondent/petitioner. OVERTON, Justice. We have for review Oglesby v. State, 583 So.2d 733 (Fla. 1st DCA 1991), in which the district court certified the same question we recently answered in the negative in State v. Barnes, 595 So.......