Coney v. State

District Court of Appeal of Florida

Coney v. State

590 So. 2d 563, 1991 Fla. App. LEXIS 13711, 1991 WL 276891

CourtDistrict Court of Appeal of Florida

DecidedDecember 31, 1991

DocketNo. 90-2358

StatusPublished

This text of 590 So. 2d 563 (Coney v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Coney v. State, 590 So. 2d 563, 1991 Fla. App. LEXIS 13711, 1991 WL 276891 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

Appellant seeks reversal of his conviction for robbery with a firearm and vacation of his sentence as an habitual offender. We affirm as to all points but write to memorialize his claim of error in sentencing. Appellant argues that his first-degree felony conviction, punishable by life, precludes enhancement under the habitual offender statute. While we affirm the sentence ordered, we certify that issue so as to pair this case for review with our decision in Westbrook v. State, 574 So.2d 1187 (Fla. 3d DCA 1991), jurisdiction accepted, 584 So.2d 1000 (Fla.1991), where we determined such enhancement permissible.

Affirmed and certified.

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PER CURIAM.

Appellant seeks reversal of his conviction for robbery with a firearm and vacation of his sentence as an habitual offender. We affirm as to all points but write to memorialize his claim of error in sentencing. Appellant argues that his first-degree felony conviction, punishable by life, precludes enhancement under the habitual offender statute. While we affirm the sentence ordered, we certify that issue so as to pair this case for review with our decision in Westbrook v. State, 574 So.2d 1187 (Fla. 3d DCA 1991), jurisdiction accepted, 584 So.2d 1000 (Fla.1991), where we determined such enhancement permissible.

Affirmed and certified.

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590 So. 2d 563, 1991 Fla. App. LEXIS 13711, 1991 WL 276891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coney-v-state-fladistctapp-1991.

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