DEREK V. BRAZIL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Derek Brazil appealed habitual felony offender sentences imposed for second degree murder and robbery, challenging the constitutionality of Florida's habitual felony offender statute on equal protection, due process, and separation of powers grounds. The court affirmed the sentences while certifying a question of great public importance to the Florida Supreme Court.
The court affirmed the habitual offender sentences, rejecting appellant's constitutional challenges. The court found that these constitutional arguments had been previously considered and rejected multiple times by the court and other district courts.
[1] A statute classifying individuals for enhanced sentencing does not violate the equal protection clause by creating irrational classifications.
[2] A statute providing for enhanced sentencing does not violate due process by employing means that are unreasonable, arbitrary, or capricious.
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Join FLexlaw to unlock all legal intelligence“the constitutional arguments raised in this appeal have been considered and addressed in depth numerous times by this court, and have been rejected by this court and by other district courts”
Establishes that the court had previously rejected the same constitutional challenges multiple times
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Join FLexlaw to unlock all legal intelligenceDerek Brazil was convicted of second degree murder and robbery and received habitual felony offender sentences. The appellant challenged the constitut…
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JOANOS, Chief Judge.
Appellant, Derek V. Brazil, seeks review of the habitual felony offender sentences imposed upon his convictions for second degree murder and robbery. The issues presented concern the alleged unconstitutionality of section 775.084, Florida Statutes (1989), the habitual felony offender statute. Specifically, appellant contends that section 775.084 (1) violates the equal protection clause, because it creates irrational classifications; (2) violates due process, because the means selected to achieve its purposes are unreasonable, arbitrary, and capricious; (3) eliminates due process, because the means selected to achieve its purposes are inarticulable and not subject to review; and (4) violates the principle of separation of powers by granting judicial authority to fix punishments to prosecutors, without providing a means of review. We affirm.
As appellant recognizes, the constitutional arguments raised in this appeal have been considered and addressed in depth numerous times by this court, and have 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. 2d 166 (Fla. 1991); Barber v. State, 564 So. 2d 1169 (Fla. 1st DCA), review denied, 576 So. 2d 284 (Fla.1990); Broderick v. State, 564 So. 2d 622 (Fla. 4th DCA 1990); King v. State, 557 So. 2d 899 (Fla. 5th DCA), review denied, 564 So. 2d 1086 (Fla.1990).
We affirm the habitual offender sentences imposed in this ease, but in concert with this court’s determination in Hodges, we certify the following question to the Florida Supreme Court, as a question of great public importance:
DOES SECTION 775.084, FLORIDA STATUTES (1989), DENY EITHER DUE PROCESS OR EQUAL PROTECTION OF LAW UNDER EITHER THE FLORIDA OR THE UNITED STATES CONSTITUTION; OR VIOLATE THE DOCTRINE OF SEPARATION OF POWERS, AS SET FORTH IN THE FLORIDA CONSTITUTION?
Accordingly, the appealed sentences are affirmed.
SMITH and ZEHMER, JJ., concur.
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London v. State, 623 So. 2d 527 (Fla. 1st DCA 1993)…601 So. 2d 1190 (Fla. 1992) (due process); Turcotte v. State, 617 So. 2d 1164 (Fla. 5th DCA 1993) (separation of powers); Murphy v. State, 616 So. 2d 1100 (Fla. 1st DCA 1993) (due process, equal protection and separ^ion of powers); Brazil v. State, 604 So. 2d 915 (Fla. 1st DCA 1992) (due process, equal protection, separation of powers; certified question); Hodges v. State, 596 [*528] So. 2d 481 (Fla. 1st DCA 1992) (due process, equal protection, separation of powers; certified question), quashed on other gro…
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Porter v. State, 609 So. 2d 640 (Fla. 1st DCA 1992)…the above-styled case. The motions for rehearing and rehearing en banc are denied. The motion for certification is granted, and we hereby certify the same question certified in Hodges v. State, 596 So. 2d 481 (Fla. 1st DCA 1992) and Brazil v. State, 604 So. 2d 915 (Fla. 1st DCA 1992). JOANOS, C.J., and WOLF and KAHN, JJ., concur.…
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Johnson v. State, 627 So. 2d 114 (Fla. 1st DCA 1993)…ges); King v. State, 557 So. 2d 899 (Fla. 5th DCA), rev. den., 564 So. 2d 1086 (Fla.1990); Love v. State, 569 So. 2d 807 (Fla. 1st DCA 1990). Cf. Barber v. State, 564 So. 2d 1169 (Fla. 1st DCA), rev. den., 576 So. 2d 284 (Fla.1990); Brazil v. State, 604 So. 2d 915 (Fla. 1st DCA 1992) (analysis of constitutional challenges of 1987 and 1989 versions of statute, respectively, on same grounds is equally applicable to challenge of 1988 statute). We AFFIRM Appellant’s judgment and sentence in all respects other t…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Caracciolo v. State, 557 So. 2d 899 (Fla. 4th DCA 1990)
- Barber v. State, 564 So. 2d 1169 (Fla. 1st DCA 1990)
- Pittman v. State, 570 So. 2d 1045 (Fla. 1st DCA 1990)
- Anderson v. State, 592 So. 2d 1119 (Fla. 1st DCA 1991)
- Isaiah Perkins v. State, 583 So. 2d 1103 (Fla. 1st DCA 1991)
- Hodges v. State, 596 So. 2d 481 (Fla. 1st DCA 1992)
- Desmond Broderick v. State, 564 So. 2d 622 (Fla. 4th DCA 1990)
- Arrices Merriweather v. State, 593 So. 2d 1218 (Fla. 1st DCA 1992)