ARTHUR VIRGIL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We find that the prosecutor’s statement, if improper, was not so egregious or prejudicial as to vitiate the entire trial. There was overwhelming evidence introduced against the appellant, and the trial court did not reversibly err in overruling appellant’s objection to the prosecutor’s closing statement.
We further reject appellant’s contention that the habitual offender statute, section 775.084, Florida Statutes (1989) is unconstitutional. In Barber v. State, 564 So. 2d 1169 (Fla. 1st DCA 1990), we upheld the 1987 version of section 775.084, Florida Statutes. In Love v. State, 569 So. 2d 807 (Fla. 1st DCA 1990), we found the analysis used in Barber to be equally applicable to the 1988 statute. See also Pittman v. State, 570 So. 2d 1045 (Fla. 1st DCA 1990); King v. State, 557 So. 2d 899 (Fla. 5th DCA 1990), rev. denied, 564 So. 2d 1086 (Fla. 1990); and Arnold v. State, 566 So. 2d 37 (Fla. 2d DCA 1990). Because the changes occurring in the 1989 statute would not affect the statute’s constitutionality, the analysis used in Barber is also applicable to the 1989 version.
AFFIRMED.
SHIVERS, C.J., and NIMMONS and MINER, JJ., concur.
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Citator
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Mitchell v. State, 581 So. 2d 990 (Fla. 1st DCA 1991)…classify Mitchell as a habitual violent felony offender, and (2) the habitual violent felony offender statute is unconstitutional. The circuit court correctly found that section 775.084, Florida Statutes (1989), is constitutional. Virgil v. State, 577 So. 2d 718 (Fla. 1st DCA 1991). Mitchell’s factual allegation that the circuit court did not make the necessary findings is facially insufficient. A 3.850 motion requires allegations which are more than mere conclusions. Flint v. State, 561 So. 2d 1343 (Fla.…
Authorities Cited
- Caracciolo v. State, 557 So. 2d 899 (Fla. 4th DCA 1990)
- Barber v. State, 564 So. 2d 1169 (Fla. 1st DCA 1990)
- Arnold v. State, 566 So. 2d 37 (Fla. 2d DCA 1990)
- Pittman v. State, 570 So. 2d 1045 (Fla. 1st DCA 1990)
- Love v. State, 569 So. 2d 807 (Fla. 1st DCA 1990)