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PER CURIAM. Affirmed. See Gayman v. State, 584 So.2d 632 (Fla. 1st DCA 1991). We agree with Gayman and thus certify to the Florida Supreme Court the following question of great public importance:
WHETHER THE DOUBLE JEOPARDY CLAUSES OF THE UNITED STATES AND FLORIDA CONSTITUTIONS WERE VIOLATED BY THE TRIAL COURT’S RECLASSIFYING APPELLANT’S OFFENSE AS FELONY PETIT THEFT, THEN USING THAT FELONY CLASSIFICATION TO ENHANCE APPELLANT’S SENTENCE PURSUANT TO THE HABITUAL VIOLENT FELONY OFFENDER STATUTE.
LEHAN, A.C.J., and FRANK and PATTERSON, JJ., concur.
Document Info
Docket Number: No. 91-00507
Citation Numbers: 596 So. 2d 1148
Judges: Frank, Lehan, Patterson
Filed Date: 3/20/1992
Precedential Status: Precedential
Modified Date: 7/29/2022