State v. Akins

Because I conclude that the designation of a defendant as a habitual felony offender (HFO) with respect to a particular offense need not be reestablished in a sentencing upon revocation of probation, I *273would answer the certified question in the negative. In line with that answer, I would quash the decision of the Second District on review; disapprove the decisions in White v. State, 892 So.2d 541 (Fla. 1st DCA 2005), Barron v. State, 827 So.2d 1063 (Fla. 2d DCA 2002), and Evans v. State, 675 So.2d 1012 (Fla. 4th DCA 1996); and recede from Ashley v. State, 850 So.2d 1265 (Fla.2003), to the…