State v. Knickerbocker
| Decision Date | 25 March 1993 |
| Docket Number | No. 80568,80568 |
| Citation | 616 So.2d 33 |
| Parties | 18 Fla. L. Week. S200 STATE of Florida, Petitioner, v. Michael C. KNICKERBOCKER, Respondent. |
| Court | Florida Supreme Court |
Application for Review of the Decision of the District Court of Appeal--Certified Great Public Importance; First District--Case Nos. 90-3134 & 90-3312 (Alachua County).
Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief and Amelia L. Beisner, Asst. Atty. Gen., Tallahassee, for petitioner.
George F. Schaefer, Gainesville, for respondent.
We have for review Knickerbocker v. State, 604 So.2d 876 (Fla. 1st DCA 1992), which certified the following question of great public importance:
May a sentence for a life felony be enhanced pursuant to the provisions of the habitual offender statute?
Id. at 878. We have jurisdiction. Art. V, Sec. 3(b)(4), Fla. Const. Consistent with Lamont v. State, 610 So.2d 435 (Fla.1992), we answer in the negative and approve the decision below to the extent it addressed the certified question. We otherwise quash the opinion below and remand for reconsideration in light of State v. Rucker, 613 So.2d 460 (Fla.1993).
It is so ordered.
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McBride v. State
...offender statute in effect at the time of the defendant's offense did not permit habitualization for life felonies.); State v. Knickerbocker, 616 So.2d 33 (Fla.1993); Weford v. State, 784 So.2d 1222 (Fla. 3d DCA 2001); McBride alleges in the motion under review, which was filed in the circu......
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Wiley v. State
...(1991). We reverse and remand for resentencing because, as the State concedes, a life felony may not be enhanced. State v. Knickerbocker, 616 So.2d 33 (Fla.1993). We affirm in all other It is so ordered. SMITH, BARFIELD and LAWRENCE, JJ., concur. ...