O'NEILL v. STATE

No. 86869.

684 So.2d 720 (1996)

Kevin O'NEILL, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied December 10, 1996.


Attorney(s) appearing for the Case

Sharon Lee Stedman of Sharon Lee Stedman, P.A., Orlando, for Petitioner.

Robert A. Butterworth, Attorney General, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Respondent.


ANSTEAD, Justice.

We have for review a decision of the Fifth District Court of Appeal on the following question certified to be of great public importance:

MAY AN OUT-OF-STATE CONVICTION WHICH IS A MISDEMEANOR IN THAT STATE, BUT WHICH IS SUBSTANTIALLY SIMILAR TO A FLORIDA STATUTE IN ELEMENTS AND PENALTIES, BE DEEMED A "QUALIFIED OFFENSE" UNDER SECTION 775.084 AND USED TO IMPOSE A HABITUAL OFFENDER SENTENCE?

O'Neill v. State,

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