Summary
In Cabal, the district court found that section 775.0845, Florida Statutes (1993), which imposes an enhanced penalty for wearing a mask while committing a felony, acted to reclassify the underlying felony to a distinct, separate crime of the next higher degree.
Summary of this case from Cabal v. StateOpinion
No. 95-99.
June 28, 1995.
An Appeal from the Circuit Court for Dade County; Carol R. Gersten, Judge.
Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen. and Keith S. Kromash, Asst. Atty. Gen., for appellee.
Before HUBBART, GERSTEN and GODERICH, JJ.
We affirm based on the authority of Jennings v. State, 498 So.2d 1373 (Fla. 1st DCA 1986). We also certify conflict with Woods v. State, 654 So.2d 606 (Fla. 5th DCA 1995), Archibald v. State, 646 So.2d 298 (Fla. 5th DCA 1994), and Spicer v. State, 615 So.2d 725 (Fla. 2d DCA 1993).
Affirmed; conflict certified.