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Perkowski v. State

Supreme Court of Florida
Mar 25, 1993
616 So. 2d 26 (Fla. 1993)

Summary

adopting Perkowski v. State, 605 So.2d 498, 500 (Fla. 4th DCA 1992)

Summary of this case from Descally v. State

Opinion

No. 80579.

March 25, 1993.

Richard L. Jorandby, Public Defender and Louis G. Carres, Asst. Public Defender, West Palm Beach, for petitioner.

Robert A. Butterworth, Atty. Gen., Joan Fowler, Bureau Chief and Melvina Racey Flaherty, Asst. Atty. Gen., West Palm Beach, for respondent.


Pursuant to jurisdiction granted under article V, section 3(b)(4), Florida Constitution, we review Perkowski v. State, 605 So.2d 498, 500 (Fla. 4th DCA 1992), because the district court certified the following question to be one of great public importance:

IS HABITUAL OFFENDER CLASSIFICATION PERMITTED WHERE THE PREDICATE OFFENSE FOR WHICH APPELLANT WAS PREVIOUSLY CONVICTED OCCURRED SUBSEQUENT TO THE COMMISSION OF THE SUBJECT OFFENSE?

We answer in the affirmative upon the rationale expressed in the opinion under review and adopt it as our own.

It is so ordered.

BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.


Summaries of

Perkowski v. State

Supreme Court of Florida
Mar 25, 1993
616 So. 2d 26 (Fla. 1993)

adopting Perkowski v. State, 605 So.2d 498, 500 (Fla. 4th DCA 1992)

Summary of this case from Descally v. State

In Perkowski, the Florida Supreme Court ruled that the habitual offender classification may be based on predicate offenses committed after the offense for which the defendant is being sentenced.

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

Perkowski v. State

Case Details

Full title:JAMES ALLEN PERKOWSKI, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court:Supreme Court of Florida

Date published: Mar 25, 1993

Citations

616 So. 2d 26 (Fla. 1993)

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