Weems v. State

District Court of Appeal of Florida

Weems v. State

582 So. 2d 830, 1991 Fla. App. LEXIS 7481, 1991 WL 147149

District Court of Appeal of Florida·Decided July 30, 1991·No. No. 91-1434·Published·Cited by 1 cases

Opinion

PER CURIAM.

The only issue raised in this appeal is whether appellant, who was convicted of a first degree felony punishable by life, section 812.13(2)(a), Florida Statutes, could be sentenced as a habitual violent felony offender. Appellant admits in his brief that our decision in Burdick v. State, No. 90-619 (Fla.1st DCA July 25, 1991) (en banc) controls the outcome of this case. We agree and affirm. As in Burdick we certify the following question as one of great public importance:

IS A FIRST DEGREE FELONY PUNISHABLE BY A TERM OF YEARS NOT EXCEEDING LIFE IMPRISONMENT SUBJECT TO AN ENHANCED SENTENCE PURSUANT TO THE PROVISIONS OF THE HABITUAL VIOLENT FELONY OFFENDER STATUTE?

JOANOS, C.J., and WIGGINTON and NIMMONS, JJ., concur.

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PER CURIAM.

The only issue raised in this appeal is whether appellant, who was convicted of a first degree felony punishable by life, section 812.13(2)(a), Florida Statutes, could be sentenced as a habitual violent felony offender. Appellant admits in his brief that our decision in Burdick v. State, No. 90-619 (Fla.1st DCA July 25, 1991) (en banc) controls the outcome of this case. We agree and affirm. As in Burdick we certify the following question as one of great public importance:

IS A FIRST DEGREE FELONY PUNISHABLE BY A TERM OF YEARS NOT EXCEEDING LIFE IMPRISONMENT SUBJECT TO AN ENHANCED SENTENCE PURSUANT TO THE PROVISIONS OF THE HABITUAL VIOLENT FELONY OFFENDER STATUTE?

JOANOS, C.J., and WIGGINTON and NIMMONS, JJ., concur.

Weems v. State, 582 So. 2d 830, 1991 Fla. App. LEXIS 7481, 1991 WL 147149 (Fla. Ct. App. 1991).

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Opinion

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