Smith v. State
| Decision Date | 10 April 1986 |
| Docket Number | No. 67153,67153 |
| Citation | 11 Fla. L. Weekly 157,485 So.2d 1284 |
| Parties | 11 Fla. L. Weekly 157 James Henry SMITH, Petitioner, v. STATE of Florida, Respondent. |
| Court | Florida Supreme Court |
James B. Gibson, Public Defender and Christopher S. Quarles, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for petitioner.
Jim Smith, Atty. Gen. and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for respondent.
We have for review State v. Smith, 470 So.2d 764 (Fla. 5th DCA 1985), which the Fifth District Court of Appeal certified as being in direct conflict with Whitehead v. State, 450 So.2d 545 (Fla. 3d DCA 1984). This Court has jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution. We approve Smith on the authority of State v. Whitehead, 472 So.2d 730 (Fla.1985), wherein we approved in part and quashed in part the district court's opinion and in which we held that both imposing a three-year mandatory minimum sentence and reclassifying the second-degree murder conviction from a first-degree felony to a life felony did not constitute impermissible double enhancement.
It is so ordered.
To continue reading
Request your trial
-
Gonzalez v. State, 88-2542
...Fla.Stat. Cf. Andrade v. State, 564 So.2d 238 (Fla. 3d DCA 1990); State v. Smith, 470 So.2d 764 (Fla. 5th DCA 1985), approved, 485 So.2d 1284 (1986). However, the appellant argues that his use of the firearm was an essential element of the crime. The court gave the third-degree murder charg......
-
Williams v. State
...of one another and are not alternative methods of enhancement. See State v. Smith, 470 So.2d 764 (Fla. 5th DCA 1985), approved, 485 So.2d 1284 (Fla.1986); Haywood v. State, 466 So.2d 424 (Fla. 4th DCA 1985), approved, 482 So.2d 1377 (Fla.1986); Perez v. State, 431 So.2d 274 (Fla. 5th DCA 19......
-
Hill v. State, BG-148
...selects to be sentenced pursuant to the provisions of this act." See State v. Smith 470, So.2d 764 (Fla. 5th DCA 1985) affirmed, 485 So.2d 1284 (Fla.1986). Though appellant affirmatively elected to be sentenced under the guidelines, such an election does not apply to a life felony occurring......