Legal Opinion

Drigotas v. State

District Court of Appeal of Florida

Decided September 28, 1988No. 87-2962PublishedCited by 1 opinion

1Opinion of the Court

DOWNEY, Judge.

Pursuant to Florida Rule of Appellate Procedure 9.160(e), the County Court of Indian River County has certified to this court as a question of great public importance the following question:

Does Fla.Stat. 316.193(6)(c), as amended, require the imposition of a 30 day minimum mandatory period of jail incarceration when the second conviction is within five (5) years of the third conviction but the first conviction is not within five years of the third?

We exercise our discretion to accept jurisdiction to consider said question and, having considered same, answer the question in the…

2Cases cited2 opinions

  1. Seddon v. HarpsterSupreme Court of Florida · 1981
  2. Capella v. City of GainesvilleSupreme Court of Florida · 1979

3Cited by1 opinion

  1. Everard v. StateDistrict Court of Appeal of Florida · 1990

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