Miller v. State

595 So. 2d 1112, 1992 Fla. App. LEXIS 3877, 1992 WL 64471
CourtDistrict Court of Appeal of Florida
DecidedApril 3, 1992
DocketNo. 91-02157
StatusPublished
Cited by1 cases

This text of 595 So. 2d 1112 (Miller 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
Miller v. State, 595 So. 2d 1112, 1992 Fla. App. LEXIS 3877, 1992 WL 64471 (Fla. Ct. App. 1992).

Opinion

PER CURIAM.

Affirmed. See Gagman v. State, 584 So.2d 632 (Fla. 1st DCA 1991). We agree with Gagman 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 [1113]*1113TO THE HABITUAL VIOLENT FELONY OFFENDER STATUTE.
CAMPBELL, A.C.J., and LEHAN and HALL, JJ., concur.

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Related

Miller v. State
616 So. 2d 15 (Supreme Court of Florida, 1993)

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Bluebook (online)
595 So. 2d 1112, 1992 Fla. App. LEXIS 3877, 1992 WL 64471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-state-fladistctapp-1992.