MARBLEE SEABROOK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1992-11-18
No. 91-939
SMITH, WIGGINTON and WOLF, JJ., concur.
608 So. 2d 560 Florida District Court of Appeal, First District (1992) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant was sentenced as an habitual felony offender. We affirm. However, as we did in Hodges v. State, 596 So. 2d 481 (Fla. 1st DCA 1992), we certify the following question to the supreme court as one 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?

SMITH, WIGGINTON and WOLF, JJ., concur.


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Cited By

  • Marblee Seabrook v. State, 629 So. 2d 129 (Fla. 1993)
    …PER CURIAM. We have for review Seabrook v. State, 608 So. 2d 560 (Fla. 1st DCA 1992), in which the district court affirmed Seabrook’s sentencing as a habitual felony offender pursuant to section 775.084, Florida Statutes (1989). The district court of appeal certified the following question as being of great publi…
  • London v. State, 623 So. 2d 527 (Fla. 1st DCA 1993)
    …KAHN, Judge. Appellant, in his motions for rehearing and certification, requests that this court certify as a question of great public importance the following question certified in Seabrook v. State, 608 So. 2d 560 (Fla. 1st DCA 1992), and Porter v. State, 609 So. 2d 640 (Fla. 1st DCA 1992): 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 T…
  • Baker v. State, 635 So. 2d 994 (Fla. 1st DCA 1994)
    …statute is unconstitutionally inequitable, irrational, vague, and subject to arbitrary and capricious application; provides no due process; and violates the principle of separation of powers. These arguments are without merit. See Seabrook v. State, 608 So. 2d 560 (Fla. 1st DCA 1992), approved 629 So. 2d 129 (Fla.1993); Porter v. State, 609 So. 2d 640 (Fla. 1st DCA 1992), approved, 629 So. 2d 834 (Fla.1993). We therefore affirm the habitual felony offender sentences imposed herein. With regard to the sentenc…

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