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 28, 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 MOTION TO CERTIFY A QUESTION OF GREAT PUBLIC IMPORTANCE PER CURIAM. We grant the State's motion to certify a question of great public importance. 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 decision in this case implicates such a question. We therefore certify the following question to the supreme court: HAS FLORIDA'S DOUBLE JEOPARDY JURISPRUDENCE SINCE FASENMYER V. STATE, 457 SO. 2D 1361, 1366 (FLA. 1984), EXPANDED DOUBLE JEOPARDY PROTECTIONS IN SENTENCING BEYOND WHAT IS CONSTITUTIONALLY REQUIRED? KHOUZAM, ROTHSTEIN-YOUAKIM, and STARGEL, JJ., Concur. 2