Ward v. State, 91-3288

• Decision Date: 02 June 1992
• Docket Number: No. 91-3288,91-3288
• Citation: 598 So.2d 331
• Parties: John E. WARD, Appellant, v. STATE of Florida, Appellee. 598 So.2d 331, 17 Fla. L. Week. D1436
• Court: Florida District Court of Appeals

Page 331

598 So.2d 331

John E. WARD, Appellant, v. STATE of Florida, Appellee.

No. 91-3288.

598 So.2d 331, 17 Fla. L. Week. D1436

District Court of Appeal of Florida, First District.

June 2, 1992.

Appeal from the Circuit Court for Leon County; William Gary, Judge.

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Charlie McCoy, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Ward raises various constitutional challenges to the habitual violent felony offender sentences imposed following his convictions on three counts of attempted armed robbery. We have rejected each of these challenges in many prior decisions, and we do so again. However, as we did in Tillman v. State, 586 So.2d 1269 (Fla. 1st DCA 1991), we certify the following question to be of great public importance:

DOES SECTION 775.084(1)(b) VIOLATE THE CONSTITUTIONAL PROTECTION AGAINST DOUBLE JEOPARDY BY INCREASING A DEFENDANT'S PUNISHMENT DUE TO THE NATURE OF A PRIOR OFFENSE?

Nevertheless, we remand this cause to the trial court to correct clerical errors in the judgment and sentence forms. The judgment should be corrected to indicate that the attempted armed robberies are second degree felonies, and the sentence forms should be corrected to indicate that the trial judge imposed concurrent ten-year minimum mandatory sentences for the attempted armed robberies.

SHIVERS, MINER and ALLEN, JJ., concur.