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Holoway v. State

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eBook details

  • Title: Holoway v. State
  • Author : Florida Supreme Court
  • Release Date : January 02, 2000
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 49 KB

Description

We have for review Holloway v. State, 712 So. 2d 439 (Fla. 3d DCA 1998), in which the Third District Court of Appeal affirmed Percy Lee Holloways violent career criminal sentence based on its prior decision in Higgs v. State, 695 So. 2d 872 (Fla. 3d DCA 1997). In so affirming, the Holloway Court certified conflict with the Second District Court of Appeals decision in Thompson v. State, 708 So.2d 315 (Fla. 2d DCA 1998). We have jurisdiction. See Art. V, § 3(b)(4), Fla. Const. For the reasons expressed in our decision in State v. Thompson, 25 Fla. L. Weekly S1 (Fla. Dec. 22, 1999), we quash the decision below and remand for resentencing in accordance with the valid laws in effect on September 2, 1996, the date on which Holloway committed the underlying offense in this case.


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