O'Neill v. State

ANSTEAD, Justice.

We have for review a decision of the Fifth District Court of Appeal on the following question certified to be of great public importance:

MAY AN OUT-OF-STATE CONVICTION WHICH IS A MISDEMEANOR IN THAT STATE, BUT WHICH IS SUBSTANTIALLY SIMILAR TO A FLORIDA STATUTE IN ELEMENTS AND PENALTIES, BE DEEMED A “QUALIFIED OFFENSE” UNDER SECTION 775.084 AND USED TO IMPOSE A HABITUAL OFFENDER SENTENCE?

O’Neill v. State, 661 So.2d 1265, 1268 (Fla. 5th DCA 1995). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. For the reasons expressed below, we answer the certified *721question in the…