SYLVESTER MANN WARREN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*1253] 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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Citator
Cited By
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Warren v. State, 609 So. 2d 1300 (Fla. 1992)…OVERTON, Justice. We have for review Warren v. State, 601 So. 2d 1252 (Fla. 1st DCA 1992), in which the district court affirmed Warren’s sentence as a habitual violent felony offender and certified the following question as being of great public importance: Is section 775.084(l)(b), the habitual violent felony offend…
Authorities Cited
- Pittman v. State, 570 So. 2d 1045 (Fla. 1st DCA 1990)
- Isaiah Perkins v. State, 583 So. 2d 1103 (Fla. 1st DCA 1991)
- Ross v. State, 601 So. 2d 1190 (Fla. 1992)
- Leshawn Tillman v. State, 586 So. 2d 1269 (Fla. 1st DCA 1991)
- Ross v. State, 579 So. 2d 877 (Fla. 1st DCA 1991)