Legal Opinion

Malone v. State

District Court of Appeal of Florida

Decided November 12, 1991No. 91-907PublishedCited by 2 opinions

1Opinion of the Court

JOANOS, Chief Judge.

Appellant contends he was sentenced improperly as an habitual felony offender, where the predicate convictions relied upon *675for habitual felony offender sentencing occurred on the same date. We agree, and reverse and remand appellant’s enhanced sentence for resentencing. See Fuller v. State, 578 So.2d 887 (Fla. 1st DCA 1991); Barnes v. State, 576 So.2d 758 (Fla. 1st DCA 1991). In accordance with our decisions in Fuller v. State, and Razz v. State, 576 So.2d 901 (Fla. 1st DCA 1991), we certify the following question to the supreme court as a question of great public…

2Cases cited3 opinions

  1. Barnes v. StateDistrict Court of Appeal of Florida · 1991
  2. Fuller v. StateDistrict Court of Appeal of Florida · 1991
  3. Razz v. StateDistrict Court of Appeal of Florida · 1991

3Cited by2 opinions

  1. Boggan v. StateDistrict Court of Appeal of Florida · 1991
  2. State v. MaloneSupreme Court of Florida · 1992

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