MICHAEL JOHN PHILLIPS v. STATE OF FLORIDA (2022)

District Court of Appeal of Florida, Second District.

MICHAEL JOHN PHILLIPS, Appellant, v. STATE OF FLORIDA, Appellee.

No. 2D22-758

Decided: December 29, 2022

Michael John Phillips, pro se. Ashley Moody, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee.

We grant the State's amended motion to certify a question of great public importance. We withdraw the order issued December 28, 2022, and substitute this order in its place.

The supreme court has discretionary jurisdiction to review decisions of the district court that pass upon a question certified to be of great public importance. Fla. R. App. P. 9.030(a)(2)(A)(v). As both the majority and the dissent recognize, the majority decision in this case passes upon such a question. We therefore certify the following question to the supreme court:

FOR PURPOSES OF DOUBLE JEOPARDY, DOES A SENTENCE FOR MULTIPLE COUNTS CONSTITUTE A SENTENCING PACKAGE, SUCH THAT A DEFENDANT'S CHALLENGE TO THE SENTENCE FOR ONE COUNT PERMITS THE TRIAL COURT TO REOPEN THE SENTENCE FOR ANOTHER COUNT TO COMPLY WITH THE LAW OR TO EFFECTUATE THE TRIAL COURT'S SENTENCING INTENT?

PER CURIAM.

KHOUZAM, ROTHSTEIN-YOUAKIM, and STARGEL, JJ., Concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network