Peek v. State

District Court of Appeal of Florida

Peek v. State

610 So. 2d 5, 1992 Fla. App. LEXIS 11489, 1992 WL 312850

CourtDistrict Court of Appeal of Florida

DecidedNovember 2, 1992

DocketNo. 91-2872

StatusPublished

Cited by2 cases

This text of 610 So. 2d 5 (Peek 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.

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Peek v. State, 610 So. 2d 5, 1992 Fla. App. LEXIS 11489, 1992 WL 312850 (Fla. Ct. App. 1992).

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Opinions

PER CURIAM.

Appellant’s sentences are REVERSED and the case is REMANDED to the trial court for resentencing in compliance with the habitual offender statute. Jones v. State, 606 So.2d 709 (Fla. 1st DCA 1992). The trial court is reminded that section 775.084, Florida Statutes, no longer applies to misdemeanor offenses, and that the sentence for the third degree felony may not exceed the ten year statutory maximum.

ERVIN, ZEHMER and BARFIELD, JJ., concur.

ON MOTION FOR CERTIFICATION

Appellee’s motion for certification is granted. The question previously certified in Jones v. State, 606 So.2d 709 (Fla. 1st DCA 1992), is certified in the instant case.

ERVIN and ZEHMER, JJ., concur.

BARFIELD, J., dissents, with opinion.

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