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ARNDT v. STATE

No. 91-2633.

600 So.2d 1131 (1992)

Robert ARNDT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 31, 1992.

Attorney(s) appearing for the Case

P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Bradley Bischoff, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Appellee concedes that the issue in this case is controlled by Barnes v. State, 576 So.2d 758 (Fla. 1st DCA 1991). Accordingly, we reverse appellant's habitual offender sentence and remand for resentencing. As in Barnes, we certify the following question as one of great public importance:

WHETHER SECTION 775.084(1)(a)1, FLORIDA STATUTES (SUPP. 1988), WHICH DEFINES HABITUAL FELONY OFFENDERS AS THOSE...

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