State v. Johnson

OVERTON, Justice.

The State of Florida petitions this Court to review Johnson v. State, 578 So.2d 435 (Fla. 1st DCA 1991), in which the First District Court of Appeal vacated Johnson’s sentencing as a habitual offender and the trial court’s departure from the sentencing guidelines in sentencing Johnson for parole violations. The district court certified the following question as being of great public importance:

WHETHER SECTION 775.084(l)(a)l, FLORIDA STATUTES (SUPP.1988), WHICH DEFINES HABITUAL FELONY OFFENDERS AS THOSE WHO HAVE “PREVIOUSLY BEEN CONVICTED OF TWO OR MORE FELONIES,” REQUIRES…