Sparks v. State

District Court of Appeal of Florida

Sparks v. State

394 So. 2d 200, 1981 Fla. App. LEXIS 18775

District Court of Appeal of Florida·Decided February 18, 1981·No. No. 80-301·Published·Cited by 1 cases

Opinion

PER CURIAM.

Affirmed on the authority of Barnhill v. State, 393 So.2d 557, (Fla. 4th DCA 1980). Provided, however, in order to preserve appellant’s rights we certify the following question:

[I]s a person excluded from mandatory classification under section 958.04[2][a], Florida Statutes (Supp.1978) when prior to sentencing the offender has been found guilty of a qualifying felony under the act and has simultaneously been found guilty of other felonies?

HERSEY and GLICKSTEIN, JJ., and WETHERINGTON, GERALD T., Associate Judge, concur.

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PER CURIAM.

Affirmed on the authority of Barnhill v. State, 393 So.2d 557, (Fla. 4th DCA 1980). Provided, however, in order to preserve appellant’s rights we certify the following question:

[I]s a person excluded from mandatory classification under section 958.04[2][a], Florida Statutes (Supp.1978) when prior to sentencing the offender has been found guilty of a qualifying felony under the act and has simultaneously been found guilty of other felonies?

HERSEY and GLICKSTEIN, JJ., and WETHERINGTON, GERALD T., Associate Judge, concur.

Sparks v. State, 394 So. 2d 200, 1981 Fla. App. LEXIS 18775 (Fla. Ct. App. 1981).

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Opinion

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