
    James Tommy PEEK, Appellant, v. STATE of Florida, Appellee.
    No. 91-2872.
    District Court of Appeal of Florida, First District.
    Nov. 2, 1992.
    On Motion for Certification Dec. 22, 1992.
    Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.
    Robert A. Butterworth, Atty. Gen., and Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for appellee.
   PER CURIAM.

Appellant’s sentences are REVERSED and the case is REMANDED to the trial court for resentencing in compliance with the habitual offender statute. Jones v. State, 606 So.2d 709 (Fla. 1st DCA 1992). The trial court is reminded that section 775.084, Florida Statutes, no longer applies to misdemeanor offenses, and that the sentence for the third degree felony may not exceed the ten year statutory maximum.

ERVIN, ZEHMER and BARFIELD, JJ., concur.

ON MOTION FOR CERTIFICATION

PER CURIAM.

Appellee’s motion for certification is granted. The question previously certified in Jones v. State, 606 So.2d 709 (Fla. 1st DCA 1992), is certified in the instant case.

ERVIN and ZEHMER, JJ., concur.

BARFIELD, J., dissents, with opinion.

BARFIELD, Judge,

dissents.

I dissent to the granting of the motion for certification, not to the certification itself. It is unnecessary that this court re-certify an issue presently pending before the supreme court. Our opinion cites and follows the case presently pending before the Florida Supreme Court. This is a sufficient basis for invoking the jurisdiction of the supreme court. Jollie v. State, 405 So.2d 418 (Fla.1981). It is an unnecessary burden on counsel and the judges of this court to constantly review and address this kind of redundancy.  