Michael John Phillips v. State of Florida

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT MICHAEL JOHN PHILLIPS, Appellant, v. STATE OF FLORIDA, Appellee. No. 2D22-758 December 29, 2022 Appeal from the Circuit Court for Hardee County; Michael E. Raiden, Judge. Michael John Phillips, pro se. Ashley Moody, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee. ON AMENDED MOTION TO CERTIFY A QUESTION OF GREAT PUBLIC IMPORTANCE PER CURIAM. 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? KHOUZAM, ROTHSTEIN-YOUAKIM, and STARGEL, JJ., Concur. 2