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Mixon v. State

District Court of Appeal of Florida, First District
Aug 16, 1991
583 So. 2d 817 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1994.

August 16, 1991.

An Appeal from the Circuit Court for Escambia County; Frank Bell, Judge.

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Amelia L. Beisner, Asst. Atty. Gen., for appellee.


Appellant, Kenneth Mixon, appeals his thirty-year sentence for armed burglary, a first-degree felony punishable by life, as a habitual offender under Section 775.084, Florida Statutes (1989). He relies on this court's opinions in Johnson v. State, 568 So.2d 519 (Fla. 1st DCA 1990), and Gholston v. State, 16 F.L.W. D46 (Fla. 1st DCA Dec. 17, 1990). We affirm.

Mixon's reliance on Johnson is misplaced, because that case dealt with life felonies. Moreover, we have recently receded from Gholston in Burdick v. State, 584 So.2d 1035 (Fla. 1st DCA 1991) (en banc), in which we held that first-degree felonies punishable by life may be enhanced under section 775.084. Nonetheless, as we did in Green v. State, 583 So.2d 796 (Fla. 1st DCA 1991), we certify the following question as one of great public importance:

IS A FIRST-DEGREE FELONY PUNISHABLE BY A TERM OF YEARS NOT EXCEEDING LIFE IMPRISONMENT SUBJECT TO AN ENHANCED SENTENCE OF LIFE IMPRISONMENT PURSUANT TO THE PROVISIONS OF THE HABITUAL FELONY OFFENDER STATUTE?

AFFIRMED.

WIGGINTON and KAHN, JJ., concur.

ERVIN, J., dissents with written opinion.


I dissent for the reasons I expressed in my dissent in Burdick v. State, 584 So.2d 1035, (Fla. 1st DCA 1991) (en banc). I concur, however, with certifying the question in the majority's opinion.


Summaries of

Mixon v. State

District Court of Appeal of Florida, First District
Aug 16, 1991
583 So. 2d 817 (Fla. Dist. Ct. App. 1991)
Case details for

Mixon v. State

Case Details

Full title:KENNETH DUANE MIXON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Aug 16, 1991

Citations

583 So. 2d 817 (Fla. Dist. Ct. App. 1991)

Citing Cases

Mixon v. State

PER CURIAM. We have for review Mixon v. State, 583 So.2d 817, 817 (Fla. 1st DCA 1991), in which the district…