STATE OF FLORIDA, PETITIONER,
v.
JOSEPH T. BARNHART, RESPONDENT

Fla. | 1992-02-20
No. 77856
SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.
595 So. 2d 951 Florida Supreme Court (1992) Positive Treatment
Cited by 2 cases
Topics
Habitual Felony Offender Sentencing

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Opinion of the Court
OVERTON, Justice.

OVERTON, Justice.

The State of Florida petitions this Court to review Barnhart v. State, 578 So. 2d 507 (Fla. 1st DCA 1991), in which the First District Court of Appeal reversed Barn-hart’s sentencing as a habitual offender. The district court certified the following question as being of great public importance:

WHETHER SECTION 775.084(l)(a)(l), FLORIDA STATUTES (SUPP.1988), WHICH DEFINES HABITUAL FELONY OFFENDERS AS THOSE WHO HAVE “PREVIOUSLY BEEN CONVICTED OF TWO OR MORE FELONIES,” REQUIRES THAT EACH OF THE FELONIES BE COMMITTED AFTER CONVICTION FOR THE IMMEDIATELY PREVIOUS OFFENSE.

Id. at 507.1

We answered this same question in the negative in our decision in State v. Barnes, 595 So. 2d 22 (Fla.1992). Accordingly, we quash the decision reversing Barnhart’s sentencing as a habitual offender and re1 mand this case for further proceedings consistent with our opinion in Barnes.

It is so ordered.

SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur. On remand, 597 So. 2d 977.

. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

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Cited By

  • Barnhart v. State, 597 So. 2d 977 (Fla. 1st DCA 1992)
    …Barnhart v. State, 578 So. 2d 507 (Fla. 1st DCA 1991), we reversed Barnhart’s sentencing as a habitual offender and affirmed all other issues. The supreme court quashed our reversal of Barnhart’s sentence as a habitual offender in State v. Barnhart, 595 So. 2d 951 (Fla.1992). Accordingly, we affirm the trial court on all issues. AFFIRMED. SMITH and WEBSTER, JJ., concur.…
  • Elton Rumph v. State, 615 So. 2d 211 (Fla. 1st DCA 1993)
    …nt of acquittal on each count. Dual convictions for aggravated assault and shooting into an occupied vehicle are authorized by section 775.021(4), Florida Statutes (1991). Price v. State, 577 So. 2d 682 (Fla. 1st DCA 1991), quashed on other grounds, 595 So. 2d 951 (Fla.1992).1 AFFIRMED. ERVIN, SMITH and BARFIELD, JJ., concur. . In addition to addressing the issue of the validity of dual convictions for aggravated assault and shooting into an occupied vehicle, the panel in Price v. State, 577 So. 2d 68…

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