Warren v. State

District Court of Appeal of Florida

Warren v. State

601 So. 2d 1252, 1992 Fla. App. LEXIS 6799, 1992 WL 140977

CourtDistrict Court of Appeal of Florida

DecidedJune 25, 1992

DocketNo. 91-3113

StatusPublished

Cited by1 cases

This text of 601 So. 2d 1252 (Warren 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.

Bluebook

Warren v. State, 601 So. 2d 1252, 1992 Fla. App. LEXIS 6799, 1992 WL 140977 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

Appellant challenges his sentence as a habitual violent felony offender, contending that section 775.084(l)(b), Florida Statutes (1989), is unconstitutional on several grounds. We reject each of his arguments and affirm on the authority of Ross v. State, 579 So.2d 877 (Fla. 1st DCA 1991), approved, 601 So.2d 1190 (Fla.1992); Tillman v. State, 586 So.2d 1269 (Fla. 1st DCA 1991); Perkins v. State, 583 So.2d 1103 (Fla. 1st DCA), jurisdiction accepted, 590 So.2d 421 (Fla.1991); Pittman v. State, 570 So.2d 1045 (Fla. 1st DCA 1990), rev. denied, 581 So.2d 166 (Fla.1991). We certify the following question of great public importance to. the supreme court:

Is section 775.084(l)(b), the habitual violent felony offender statute, unconstitutional because: (1) it is inequitable and subject to arbitrary and capricious application in violation of article I, section 9 of the Florida Constitution and the Fourteenth Amendment to the United States constitution, and (2) it violates the constitutional prohibitions against double jeopardy?

AFFIRMED.

ZEHMER, BARFIELD and WOLF, JJ„ concur.

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PER CURIAM.

Appellant challenges his sentence as a habitual violent felony offender, contending that section 775.084(l)(b), Florida Statutes (1989), is unconstitutional on several grounds. We reject each of his arguments and affirm on the authority of Ross v. State, 579 So.2d 877 (Fla. 1st DCA 1991), approved, 601 So.2d 1190 (Fla.1992); Tillman v. State, 586 So.2d 1269 (Fla. 1st DCA 1991); Perkins v. State, 583 So.2d 1103 (Fla. 1st DCA), jurisdiction accepted, 590 So.2d 421 (Fla.1991); Pittman v. State, 570 So.2d 1045 (Fla. 1st DCA 1990), rev. denied, 581 So.2d 166 (Fla.1991). We certify the following question of great public importance to. the supreme court:

Is section 775.084(l)(b), the habitual violent felony offender statute, unconstitutional because: (1) it is inequitable and subject to arbitrary and capricious application in violation of article I, section 9 of the Florida Constitution and the Fourteenth Amendment to the United States constitution, and (2) it violates the constitutional prohibitions against double jeopardy?

AFFIRMED.

ZEHMER, BARFIELD and WOLF, JJ„ concur.

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Bluebook (online)

601 So. 2d 1252, 1992 Fla. App. LEXIS 6799, 1992 WL 140977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warren-v-state-fladistctapp-1992.

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