State v. Oglesby

• Decision Date: 07 May 1992
• Docket Number: 78,612,Nos. 78,511,s. 78,511
• Citation: 597 So.2d 800
• Parties: STATE of Florida, Petitioner, v. Thomas J. OGLESBY, Respondent. Thomas J. OGLESBY, Petitioner, v. STATE of Florida, Respondent. 597 So.2d 800, 17 Fla. L. Week. S277
• Court: Florida Supreme Court

Page 800

597 So.2d 800

STATE of Florida, Petitioner, v. Thomas J. OGLESBY, Respondent.

Thomas J. OGLESBY, Petitioner, v. STATE of Florida, Respondent.

Nos. 78,511, 78,612.

597 So.2d 800, 17 Fla. L. Week. S277

Supreme Court of Florida.

May 7, 1992.

Two Consolidated Applications for Review of the Decision of the District Court of Appeal--Certified Great Public Importance, First District--Case No. 90-2699 (Okaloosa County).

Robert A. Butterworth, Atty. Gen. and Bradley R. Bischoff, Asst. Atty. Gen., Tallahassee, for petitioner/respondent.

Nancy A. Daniels, Public Defender and 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.2d 22 (Fla.1992). In accordance with Barnes, we quash that portion of the district court's decision reversing Oglesby's sentencing as a habitual felony offender and remand this cause for reinstatement of the sentence imposed by the trial court. We choose not to address the other issues in these consolidated petitions.

It is so ordered.

SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.