State v. Walker, 78193
| Decision Date | 05 March 1992 |
| Docket Number | No. 78193,78193 |
| Citation | 593 So.2d 1049 |
| Parties | STATE of Florida, Petitioner, v. Donald WALKER, Respondent. 593 So.2d 1049, 17 Fla. L. Week. S161 |
| Court | Florida Supreme Court |
Application for Review of the Decision of the District Court of Appeal--Direct Conflict of Decisions, Fourth District--Case No. 90-1919, St. Lucie County.
Robert A. Butterworth, Atty. Gen., and Joan Fowler, Sr. Asst. Atty. Gen., Bureau Chief, and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for petitioner.
Richard L. Jorandby, Public Defender and Tanja Ostapoff, Asst. Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for respondent.
We originally accepted for review Walker v. State, 580 So.2d 281 (Fla. 4th DCA 1991), based on conflict jurisdiction. See art. V, Sec. 3(b)(3), Fla. Const. After further consideration, we have determined that jurisdiction was improvidently granted.
In Walker the Fourth District held that life felonies are not subject to enhancement under the habitual offender statute, section 775.084, Florida Statutes (1989). In 1986 the First District had reached the opposite conclusion in Watson v. State, 504 So.2d 1267, 1270 (Fla. 1st DCA 1986), review denied 506 So.2d 1043 (Fla.1987). However, in 1990, the First District held in Johnson v. State, 568 So.2d 519, 520 (Fla. 1st DCA 1990), that life felonies are not subject to the provisions of the habitual offender statute. This holding is consistent with the holding in Walker. Consequently, the cited decisions present no direct and express conflict as required by article V, section 3(b)(3) of the Florida Constitution. See Little v. State, 206 So.2d 9, 10 (Fla.1968) ().
Accordingly, this Court is without jurisdiction to hear this cause and the case is hereby dismissed.
It is so ordered.
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Daniel v. State
...conflict exists, the decision later in time overrules the former as the decisional law of the district"); State v. Walker , 593 So. 2d 1049, 1049-50 (Fla. 1990) (same).4 This does not mean that Appellant's overall sentence will change because the trial court is free to reimpose the 25-year ......
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- Aira v. State
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A Not-So-Little Problem with Precedent: Intra-district Conflict in Florida District Courts of Appeal.
...Little for the proposition that "later is greater." In 1992, the Supreme Court accepted jurisdiction in State v. Walker (Walker II), 593 So. 2d 1049 (Fla. 1992) (mem.), to resolve a conflict between the First and Fourth districts. In Walker v. State (Walker I), 580 So. 2d 281, 281 (Fla. 4th......