Ward v. State

District Court of Appeal of Florida

Ward v. State

598 So. 2d 331, 1992 Fla. App. LEXIS 6200, 1992 WL 114646

CourtDistrict Court of Appeal of Florida

DecidedJune 2, 1992

DocketNo. 91-3288

StatusPublished

Cited by1 cases

This text of 598 So. 2d 331 (Ward 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

Ward v. State, 598 So. 2d 331, 1992 Fla. App. LEXIS 6200, 1992 WL 114646 (Fla. Ct. App. 1992).

Pincite

Opinion

PER CURIAM.

Ward raises various constitutional challenges to the habitual violent felony offender sentences imposed following his convictions on three counts of attempted armed robbery. We have rejected each of these challenges in many prior decisions, and we do so again. However, as we did in Tillman v. State, 586 So.2d 1269 (Fla. 1st DCA 1991), we certify the following question to be of great public importance:

DOES SECTION 775.084(l)(b) VIOLATE THE CONSTITUTIONAL PROTECTION AGAINST DOUBLE JEOPARDY BY INCREASING A DEFENDANT’S PUNISHMENT DUE TO THE NATURE OF A PRIOR OFFENSE?

Nevertheless, we remand this cause to the trial court to correct clerical errors in the judgment and sentence forms. The [332]*332judgment should be corrected to indicate that the attempted armed robberies are second degree felonies, and the sentence forms should be corrected to indicate that the trial judge imposed concurrent ten-year minimum mandatory sentences for the attempted armed robberies.

SHIVERS, MINER and ALLEN, JJ., concur.

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