State v. Johnson

Supreme Court of Florida

State v. Johnson

595 So. 2d 20, 17 Fla. L. Weekly Supp. 130, 1992 Fla. LEXIS 231, 1992 WL 27881

CourtSupreme Court of Florida

DecidedFebruary 20, 1992

DocketNo. 77819

StatusPublished

This text of 595 So. 2d 20 (State v. Johnson) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Johnson, 595 So. 2d 20, 17 Fla. L. Weekly Supp. 130, 1992 Fla. LEXIS 231, 1992 WL 27881 (Fla. 1992).

Pincite

Opinion

OVERTON, Justice.

The State of Florida petitions this Court to review Johnson v. State, 578 So.2d 435 (Fla. 1st DCA 1991), in which the First District Court of Appeal vacated Johnson’s sentencing as a habitual offender and the trial court’s departure from the sentencing guidelines in sentencing Johnson for parole violations. The district court certified the following question as being of great public importance:

WHETHER SECTION 775.084(l)(a)l, FLORIDA STATUTES (SUPP.1988), WHICH DEFINES HABITUAL FELONY OFFENDERS AS THOSE WHO HAVE “PREVIOUSLY BEEN CONVICTED OF TWO OR MORE FELONIES,” REQUIRES THAT EACH OF THE FELONIES BE COMMITTED AFTER CONVICTION FOR THE IMMEDIATELY PREVIOUS OFFENSE.

Id. at 436.¹

We answered this same certified question in the negative in our decision in State v. Barnes, 595 So.2d 22 (Fla.1992). Accordingly, we quash the portion of the district court’s decision vacating Johnson’s sentencing as a habitual offender and approve the portion vacating the trial court’s departure sentence. We remand this case for further proceedings consistent with our opinion in Barnes.

It is so ordered.

SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.

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