Funchess v. State

District Court of Appeal of Florida

Funchess v. State

597 So. 2d 985, 1992 Fla. App. LEXIS 5806, 1992 WL 109630

CourtDistrict Court of Appeal of Florida

DecidedMay 27, 1992

DocketNo. 91-3154

StatusPublished

Cited by2 cases

This text of 597 So. 2d 985 (Funchess 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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Funchess v. State, 597 So. 2d 985, 1992 Fla. App. LEXIS 5806, 1992 WL 109630 (Fla. Ct. App. 1992).

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Opinion

SMITH, Judge.

Appellant’s constitutional challenge of his habitual violent felony offender sentence is AFFIRMED. However pursuant to Fla.R.App.P. 9.030(a)(2)(v), we certify the following questions to be of great public importance:

1. DOES IT VIOLATE A DEFENDANT’S SUBSTANTIVE DUE PROCESS RIGHTS WHEN HE IS CLASSIFIED AS A VIOLENT FELONY OFFENDER PURSUANT TO SECTION 775.084, FLORIDA STATUTES (1989), AND THEREBY SUBJECTED TO AN EXTENDED TERM OF IMPRISONMENT, IF HE HAS BEEN CONVICTED OF AN ENUMERATED VIOLENT FELONY WITHIN THE PREVIOUS FIVE YEARS, EVEN THOUGH HIS PRESENT OFFENSE IS A NONVIOLENT FELONY?

2. DOES SECTION 775.084(l)(b), FLORIDA STATUTES (1989), VIOLATE THE CONSTITUTIONAL PROTECTION AGAINST DOUBLE JEOPARDY BY INCREASING A DEFENDANT’S PUNISHMENT DUE TO THE NATURE OF A PRIOR OFFENSE?

See Hall v. State, 588 So.2d 1089 (Fla. 1st DCA 1991), pet. for rev. pending, no. 79,237; Tillman v. State, 586 So.2d 1269 (Fla. 1st DCA 1991), pet. for rev. pending, no. 78,715; Perkins v. State, 583 So.2d 1103 (Fla. 1st DCA 1991), pet. for rev. pending, no. 78,613.

AFFIRMED.

ZEHMER and WEBSTER, JJ., concur.

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