Hannigan v. State

District Court of Appeal of Florida

Hannigan v. State

84 So. 3d 450, 2012 WL 1121369, 2012 Fla. App. LEXIS 5293

CourtDistrict Court of Appeal of Florida

DecidedApril 5, 2012

DocketNo. 5D10-3315

StatusPublished

This text of 84 So. 3d 450 (Hannigan 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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Hannigan v. State, 84 So. 3d 450, 2012 WL 1121369, 2012 Fla. App. LEXIS 5293 (Fla. Ct. App. 2012).

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Opinions

PER CURIAM.

The trial court’s entry of a judgment of conviction on the drug trafficking charge brought against Hannigan is affirmed. See Flagg v. State, 74 So.3d 138 (Fla. 1st DCA 2011). We certify that the same issue reviewed in this case is currently pending before the Florida Supreme Court in State v. Adkins, 71 So.3d 117 (Fla.2011).

We also conclude that the imposition of a fifteen-year mandatory minimum prison sentence in this case did not violate the cruel and unusual punishment clauses of the United States¹ and Florida² Constitutions. See Paey v. State, 943 So.2d 919 (Fla. 2d DCA 2006).

The mandate will be withheld pending final disposition of Adkins.

AFFIRMED.

SAWAYA and PALMER, JJ., concur. EVANDER, J., concurs and concurs specially, with opinion.

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PER CURIAM.

The trial court’s entry of a judgment of conviction on the drug trafficking charge brought against Hannigan is affirmed. See Flagg v. State, 74 So.3d 138 (Fla. 1st DCA 2011). We certify that the same issue reviewed in this case is currently pending before the Florida Supreme Court in State v. Adkins, 71 So.3d 117 (Fla.2011).

We also conclude that the imposition of a fifteen-year mandatory minimum prison sentence in this case did not violate the cruel and unusual punishment clauses of the United States¹ and Florida² Constitutions. See Paey v. State, 943 So.2d 919 (Fla. 2d DCA 2006).

The mandate will be withheld pending final disposition of Adkins.

AFFIRMED.

SAWAYA and PALMER, JJ., concur. EVANDER, J., concurs and concurs specially, with opinion.

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Bluebook (online)

84 So. 3d 450, 2012 WL 1121369, 2012 Fla. App. LEXIS 5293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hannigan-v-state-fladistctapp-2012.

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