Atkinson v. State

District Court of Appeal of Florida

Atkinson v. State

570 So. 2d 1147, 1990 Fla. App. LEXIS 9447, 1990 WL 205429

CourtDistrict Court of Appeal of Florida

DecidedDecember 14, 1990

DocketNo. 90-389

StatusPublished

Cited by2 cases

This text of 570 So. 2d 1147 (Atkinson v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Atkinson v. State, 570 So. 2d 1147, 1990 Fla. App. LEXIS 9447, 1990 WL 205429 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

We affirm on both issues raised by appellant. As to the constitutional attack upon Section 775.084, Florida Statutes (1988 Supp.), we affirm on the authority of Smith v. State, 567 So.2d 55 (Fla. 2d DCA 1990); Arnold v. State, 566 So.2d 37 (Fla. 2d DCA 1990); Roberts v. State, 559 So.2d 289 (Fla. 2d DCA), dismissed, 564 So.2d 488 (Fla.1990); King v. State, 557 So.2d 899 (Fla. 5th DCA), review denied, 564 So.2d 1086 (Fla.1990). Cf. Barber v. State, 564 So.2d 1169 (Fla. 1st DCA 1990).

We also reject appellant’s arguments on the second issue relating to alleged procedural irregularities in connection with the imposition of the habitual offender sentence.

AFFIRMED.

SMITH, NIMMONS and ZEHMER, JJ., concur.

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PER CURIAM.

We affirm on both issues raised by appellant. As to the constitutional attack upon Section 775.084, Florida Statutes (1988 Supp.), we affirm on the authority of Smith v. State, 567 So.2d 55 (Fla. 2d DCA 1990); Arnold v. State, 566 So.2d 37 (Fla. 2d DCA 1990); Roberts v. State, 559 So.2d 289 (Fla. 2d DCA), dismissed, 564 So.2d 488 (Fla.1990); King v. State, 557 So.2d 899 (Fla. 5th DCA), review denied, 564 So.2d 1086 (Fla.1990). Cf. Barber v. State, 564 So.2d 1169 (Fla. 1st DCA 1990).

We also reject appellant’s arguments on the second issue relating to alleged procedural irregularities in connection with the imposition of the habitual offender sentence.

AFFIRMED.

SMITH, NIMMONS and ZEHMER, JJ., concur.

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570 So. 2d 1147, 1990 Fla. App. LEXIS 9447, 1990 WL 205429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atkinson-v-state-fladistctapp-1990.

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