ARRICES MERRIWEATHER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the conviction and sentence, finding the jury selection challenge not preserved and following precedent on the constitutionality of the habitual violent felony offender statute.
Arrices Merriweather appealed his conviction and sentence as a habitual violent felony offender. He argued the trial court erred in failing to remove …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Habitual Violent Felony Offender cases and more on FLexlaw
SHIVERS, Judge.
Arrices Merriweather appeals his conviction and sentence as a habitual violent felony offender. We affirm.
Merriweather first argues the trial court abused its discretion by failing to remove a venireman for cause, thereby forcing defense counsel to exhaust his peremptory challenges. His position is not preserved because defense counsel did not expressly request additional peremptories, and he has not shown that a juror unacceptable to him served on the jury. Floyd v. State, 569 So. 2d 1225, 1230 (Fla.1990). Merriweather’s remaining challenges to the jury selection are without merit.
Merriweather next argues this court wrongly ruled the 1989 version of the habitual violent felony offender statute is constitutional in Perkins v. State, 583 So. 2d 1103 (Fla. 1st DCA 1991). We follow Perkins and affirm on this issue.
However, the Florida Supreme Court accepted jurisdiction over Perkins on December 4, 1991. Perkins v. State, 590 So. 2d 421 (Fla.1991). Therefore, we certify the following question to be of great public importance:
WHETHER THE HABITUAL VIOLENT FELONY OFFENDER PROVISIONS OF SUBSECTION 775.084(l)(b), FLORIDA STATUTES (1989), VIOLATES CONSTITUTIONAL RIGHTS CONCERNING DUE PROCESS, DOUBLE JEOPARDY, OR EX POST FACTO LAWS.
AFFIRMED.
WIGGINTON and BARFIELD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hodges v. State, 596 So. 2d 481 (Fla. 1st DCA 1992)…nder sentence. We affirm in part, reverse in part and remand. Appellant’s arguments regarding the unconstitutionality of Section 775.084 have been considered and rejected in the following decisions, among a great many others: Merriweather v. State, 593 So. 2d 1218 (Fla. 1st DCA 1992); Anderson v. State, 592 [*482] So. 2d 1119 (Fla. 1st DCA 1991); Perkins v. State, 583 So. 2d 1103 (Fla. 1st DCA), review granted, 590 So. 2d 421 (Fla.1991); Pittman v. State, 570 So. 2d 1045 (Fla. 1st DCA 1990), review denied, 58…
-
Derek v. Brazil, 604 So. 2d 915 (Fla. 1st DCA 1992)…in this appeal have been considered and addressed in depth numerous times by this court, and have [*916] been rejected by this court and by other district courts. See, e.g., Hodges v. State, 596 So. 2d 481 (Fla. 1st DCA 1992); Merriweather v. State, 593 So. 2d 1218 (Fla. 1st DCA 1992); Anderson v. State, 592 So. 2d 1119 (Fla. 1st DCA 1991); Perkins v. State, 583 So. 2d 1103 (Fla. 1st DCA), review granted, 590 So. 2d 421 (Fla.1991); Pittman v. State, 570 So. 2d 1045 (Fla. 1st DCA 1990), review denied, 581 So. 2…
-
Arrices Merriweather v. State, 609 So. 2d 1299 (Fla. 1992)…OVERTON, Justice. We have for review Merriweather v. State, 593 So. 2d 1218 (Fla. 1st DCA 1992), in which the district court affirmed Merri-weather’s sentencing as a habitual violent felony offender and certified the following question as being of great public importance: WHETHER THE HABITUAL VIOLENT FELONY OFFENDER PROVIS…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Floyd v. State, 569 So. 2d 1225 (Fla. 1990)
- Isaiah Perkins v. State, 583 So. 2d 1103 (Fla. 1st DCA 1991)