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Williams v. State

District Court of Appeal of Florida, Second District
Mar 20, 1992
596 So. 2d 1148 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-00507.

March 20, 1992.

Appeal from the Circuit Court for Polk County; J. David Langford, Judge.

James Marion Moorman, Public Defender, and Timothy A. Hickey, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anne Y. Swing, Asst. Atty. Gen., Tampa, for appellee.


Affirmed. See Gayman v. State, 584 So.2d 632 (Fla. 1st DCA 1991). We agree with Gayman and thus certify to the Florida Supreme Court the following question of great public importance:

WHETHER THE DOUBLE JEOPARDY CLAUSES OF THE UNITED STATES AND FLORIDA CONSTITUTIONS WERE VIOLATED BY THE TRIAL COURT'S RECLASSIFYING APPELLANT'S OFFENSE AS FELONY PETIT THEFT, THEN USING THAT FELONY CLASSIFICATION TO ENHANCE APPELLANT'S SENTENCE PURSUANT TO THE HABITUAL VIOLENT FELONY OFFENDER STATUTE.

LEHAN, A.C.J., and FRANK and PATTERSON, JJ., concur.


Summaries of

Williams v. State

District Court of Appeal of Florida, Second District
Mar 20, 1992
596 So. 2d 1148 (Fla. Dist. Ct. App. 1992)
Case details for

Williams v. State

Case Details

Full title:KELVIN WILLIAMS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Mar 20, 1992

Citations

596 So. 2d 1148 (Fla. Dist. Ct. App. 1992)

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