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BURGESS v. STATE

No. SC00-1724.

831 So.2d 137 (2002)

Thomas Sergio BURGESS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

October 17, 2002.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Assistant Public Defender, Tenth Judicial Circuit, Bartow, FL, for Petitioner.

Robert A. Butterworth, Attorney General, Robert J. Krauss, Senior Assistant Attorney General, Chief of Criminal Law, and Ronald Napolitano, Assistant Attorney General, Tampa, FL, for Respondent.

HARDING, Senior Justice.

We have for review a decision of a district court of appeal on the following question, which the court certified to be of great public importance:

AFTER THE HOLDING IN CALLAWAY, CAN A TRIAL COURT RELY UPON A SWORN ARREST REPORT IN THE COURT FILE TO DETERMINE, AS A MATTER OF LAW, THAT CONSECUTIVE HABITUAL OFFENDER SENTENCES ARE ILLEGAL?

Burgess v. State, 764 So.2d 749, 752...

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