Colquitt v. State

588 So. 2d 49, 1991 Fla. App. LEXIS 10767, 1991 WL 217848
District Court of Appeal of Florida·Decided October 29, 1991·No. No. 90-1790·Published

Opinion

PER CURIAM.

The defendant was convicted of attempted second degree murder and sentenced in accordance with section 784.07(3), Florida Statutes (1989), which provides:

784.07 Assault or battery of law enforcement officers, firefighters, or intake officers; reclassification of offenses.—
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(3) Notwithstanding the provisions of any other section, any person who is convicted of attempted murder of a law enforcement officer engaged in the lawful performance of his duty or who is convicted of attempted murder of a law enforcement officer when the motivation for such attempt was related, all or in part, to the lawful duties of the officer, shall be guilty of a life felony, punishable as provided in s. 775.0825.

[50]*50There is no merit in any of the multiple attacks upon the constitutionality of this provision. See Viera v. State, 532 So.2d 743 (Fla. 3d DCA 1988), review denied, 542 So.2d 991 (Fla.1989); Baker v. State, 466 So.2d 1144 (Fla. 3d DCA 1985), aff’d, 483 So.2d 423 (Fla.1986).

Affirmed.

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Colquitt v. State, 588 So. 2d 49, 1991 Fla. App. LEXIS 10767, 1991 WL 217848 (Fla. Ct. App. 1991).

588 So. 2d 49 (Colquitt v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Viera v. State
532 So. 2d 743 (District Court of Appeal of Florida, 1988)
State v. Baker
483 So. 2d 423 (Supreme Court of Florida, 1986)
Baker v. State
466 So. 2d 1144 (District Court of Appeal of Florida, 1985)