STATE v. BARNHART, 595 So.2d 951 (Fla. 1992)

STATE OF FLORIDA, PETITIONER, v. JOSEPH T. BARNHART, RESPONDENT.

No. 77856.Supreme Court of Florida.
February 20, 1992. Rehearing Denied April 16, 1992.

Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, First District — Case No. 89-3105 (Alachua County).

Robert A. Butterworth, Atty. Gen. and Bradley R. Bischoff, Asst. Atty. Gen., Tallahassee, for petitioner.

Nancy A. Daniels, Public Defender and Kathleen Stover, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for respondent.

OVERTON, Justice.

The State of Florida petitions this Court to review Barnhart v. State, 578 So.2d 507 (Fla. 1st DCA 1991), in which the First District Court of Appeal reversed Barnhart’s sentencing as a habitual offender. The district court certified the following question as being of great public importance:

WHETHER SECTION 775.084(1)(a)(1), 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 507.[1]

We answered this same question in the negative in our decision in State v. Barnes, 595 So.2d 22 (Fla. 1992). Accordingly, we quash the decision reversing Barnhart’s sentencing as a habitual offender and remand this case for further proceedings consistent with our opinion in Barnes.

It is so ordered.

Page 952

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

On remand, 597 So.2d 977.

[1] We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

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