Pugh v. State

District Court of Appeal of Florida

Pugh v. State

717 So. 2d 635, 1998 Fla. App. LEXIS 12796, 1998 WL 712458

District Court of Appeal of Florida·Decided October 14, 1998·No. No. 97-01447·Published·Cited by 1 cases

Opinion

PER CURIAM.

We affirm Walter Pugh’s convictions for burglary of a dwelling and possession of burglary tools. We reverse his sentences as a violent career criminal based on this court’s holding in Thompson v. State, 708 So.2d 315 (Fla. 2d DCA 1998) (holding chapter 95-182, Laws of Florida, unconstitutional), review granted, No. 92,831, 717 So.2d 538 (Fla. May 26, 1998). Pending the outcome of Thompson in the supreme court, this court will withhold issuance of mandate in this case.

Affirmed in part and reversed in part.

THREADGILL, A.C.J., and ALTENBERND and GREEN, JJ., concur:

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PER CURIAM.

We affirm Walter Pugh’s convictions for burglary of a dwelling and possession of burglary tools. We reverse his sentences as a violent career criminal based on this court’s holding in Thompson v. State, 708 So.2d 315 (Fla. 2d DCA 1998) (holding chapter 95-182, Laws of Florida, unconstitutional), review granted, No. 92,831, 717 So.2d 538 (Fla. May 26, 1998). Pending the outcome of Thompson in the supreme court, this court will withhold issuance of mandate in this case.

Affirmed in part and reversed in part.

THREADGILL, A.C.J., and ALTENBERND and GREEN, JJ., concur:

Pugh v. State, 717 So. 2d 635, 1998 Fla. App. LEXIS 12796, 1998 WL 712458 (Fla. Ct. App. 1998).

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Opinion

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