SC10-896 – State of Florida v. Michael Eugene Akins

State: Florida

Docket No: SC10-896

Case Date: 05/26/2011

Preview:Supreme Court of Florida
____________ No. SC10-896 ____________ STATE OF FLORIDA, Petitioner, vs. MICHAEL EUGENE AKINS, Respondent. [May 26, 2011] PER CURIAM. This case is before the Court for review of the decision of the Second District Court of Appeal in Akins v. State, 35 Fla. L. Weekly D43 (Fla. 2d DCA Dec. 30, 2009). In its decision the district court ruled upon the following question, which the court certified to be of great public importance: IF A DEFENDANT HAS BEEN DECLARED TO BE A HABITUAL OFFENDER BEFORE THE IMPOSITION OF HIS INITIAL SPLIT SENTENCE, WHEN THE DEFENDANT LATER VIOLATES PROBATION AND HAS HIS PROBATION REVOKED, DOES THE DEFENDANT LOSE HIS STATUS AS A HABITUAL OFFENDER IF THE TRIAL COURT DOES NOT REPEAT THIS STATUS AT THE SENTENCING HEARING ON VIOLATION OF PROBATION?

Id. at D45. We have jurisdiction. See art. V,

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