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Cabal v. State

District Court of Appeal of Florida, Third District
Jun 28, 1995
656 So. 2d 290 (Fla. Dist. Ct. App. 1995)

Summary

In Cabal, the district court found that section 775.0845, Florida Statutes (1993), which imposes an enhanced penalty for wearing a mask while committing a felony, acted to reclassify the underlying felony to a distinct, separate crime of the next higher degree.

Summary of this case from Cabal v. State

Opinion

No. 95-99.

June 28, 1995.

An Appeal from the Circuit Court for Dade County; Carol R. Gersten, Judge.

Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Keith S. Kromash, Asst. Atty. Gen., for appellee.

Before HUBBART, GERSTEN and GODERICH, JJ.


We affirm based on the authority of Jennings v. State, 498 So.2d 1373 (Fla. 1st DCA 1986). We also certify conflict with Woods v. State, 654 So.2d 606 (Fla. 5th DCA 1995), Archibald v. State, 646 So.2d 298 (Fla. 5th DCA 1994), and Spicer v. State, 615 So.2d 725 (Fla. 2d DCA 1993).

Affirmed; conflict certified.


Summaries of

Cabal v. State

District Court of Appeal of Florida, Third District
Jun 28, 1995
656 So. 2d 290 (Fla. Dist. Ct. App. 1995)

In Cabal, the district court found that section 775.0845, Florida Statutes (1993), which imposes an enhanced penalty for wearing a mask while committing a felony, acted to reclassify the underlying felony to a distinct, separate crime of the next higher degree.

Summary of this case from Cabal v. State
Case details for

Cabal v. State

Case Details

Full title:JOSE CABAL, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jun 28, 1995

Citations

656 So. 2d 290 (Fla. Dist. Ct. App. 1995)

Citing Cases

Cabal v. State

OVERTON, Justice. We have for review Cabal v. State, 656 So.2d 290 (Fla. 3d DCA 1995). In Cabal, the district…