Reeves v. State, 90-3336

Decision Date19 November 1991
Docket NumberNo. 90-3336,90-3336
Citation593 So.2d 232
PartiesJames REEVES, III, Appellant, v. STATE of Florida, Appellee. 593 So.2d 232, 17 Fla. L. Week. D281
CourtFlorida District Court of Appeals

Nancy A. Daniels, Public Defender, and Steven A. Been, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

AFFIRMED.

JOANOS, C.J., and WOLF and KAHN, JJ., concur.

ON MOTION FOR CERTIFICATION

PER CURIAM.

Appellant's motion for certification is granted, and we hereby certify to the Florida Supreme Court the following questions:

Does section 775.084, Florida Statutes (1989), authorize habitual felon sentencing for a criminal defendant who has previously been convicted of a violent offense enumerated in the statute, but who is currently being sentenced for a non-violent offense?

2. If section 775.084, Florida Statutes (1989), authorizes habitual felon sentencing for a criminal defendant who is currently being sentenced for a non-violent offense, does the statute violate the constitutional principles of equal protection, due process, double jeopardy, or ex post facto?

JOANOS, C.J., and WOLF and KAHN, JJ., concur.

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4 cases
  • Hale v. State, 91-2905
    • United States
    • Court of Appeal of Florida (US)
    • June 9, 1992
    ...1052 (Fla.1992), review pending, No. 79,051; Becker v. State, 592 So.2d 1266 (Fla. 1st DCA 1992) (question certified); Reeves v. State, 593 So.2d 232 (Fla. 1st DCA 1992) (question certified). Again, however, pursuant to Rule 9.030(a)(2)(A)(v), Florida Rules of Appellate Procedure, we certif......
  • Reeves v. State
    • United States
    • United States State Supreme Court of Florida
    • December 3, 1992
    ...Appeals, and Carolyn J. Mosley, Asst. Attys. Gen., Tallahassee, for respondent. OVERTON, Justice. We have for review Reeves v. State, 593 So.2d 232 (Fla. 1st DCA 1991), in which the district court affirmed Reeves' sentence as a habitual violent felony offender and certified the following qu......
  • Becker v. State, 91-1320
    • United States
    • Court of Appeal of Florida (US)
    • February 7, 1992
    ...v. State, 583 So.2d 1103 (Fla. 1st DCA 1991); Henderson v. State, 569 So.2d 925 (Fla. 1st DCA 1990). As was done in Reeves v. State, 593 So.2d 232 (Fla. 1st DCA 1992), we certify to the Florida Supreme Court the following questions of great public (1) DOES SECTION 775.084, FLORIDA STATUTES ......
  • Unisys Finance Corp. v. AMP Services, Inc., 90-838
    • United States
    • Court of Appeal of Florida (US)
    • November 21, 1991

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