ARRICES MERRIWEATHER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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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 PROVISIONS OF SUBSECTION 775.084(l)(b), FLORIDA STATUTES (1989), VIOLATES CONSTITUTIONAL RIGHTS CONCERNING DUE PROCESS, DOUBLE JEOPARDY, OR EX POST FACTO LAWS.
Id. at 1218-19.1
We answer the question in the negative and approve the decision of the district court, in accordance with our decisions in Tillman v. State, 609 So. 2d 1295 (Fla.1992); Ross v. State, 601 So. 2d 1190 (Fla.1992); Reynolds v. Cochran, 138 So. 2d 500 (Fla.1962); Washington v. Mayo, 91 So. 2d 621 (Fla.1956); and Cross v. State, 96 Fla. 768, 119 So. 380 (1928).
It is. so ordered. McDonald, SHAW, GRIMES and HARDING, JJ., concur. KOGAN, J., dissents with an opinion, in which BARKETT, C.J., concurs.
. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
KOGAN, Justice,
dissenting.
I dissent on the basis of my dissenting opinion in Tillman v. State, 609 So. 2d 1295 (Fla.1992). The petitioner has only been convicted of one violent crime and therefore cannot be a habitual violent felony offender. BARKETT, C.J., concurs.
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London v. State, 623 So. 2d 527 (Fla. 1st DCA 1993)…of great public importance. Appellant has presented the same or substantially similar, due process, equal protection and separation of powers challenges to the habitual offender statute which have been rejected numerous times. Merriweather v. State, 609 So. 2d 1299 (Fla.1992) (due process); Tillman v. State, 609 So. 2d 1295 (Fla.1992) (due process); Ross v. State, 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. 2…
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Marshall v. State, 623 So. 2d 1230 (Fla. 1st DCA 1993)…s an habitual offender. We reverse Marshall’s sentences based on the second two issues. Marshall’s first contention that the habitual offender statute violates due process or equal protection has been rejected numerous times. Merriweather v. State, 609 So. 2d 1299 (Fla.1992); Tillman v. State, 609 So. 2d 1295 (Fla.1992); Ross v. State, 601 So. 2d 1190 (Fla.1992); Murphy v. State, 616 So. 2d 1100 (Fla. 1st DCA1993); Hodges v. State, 596 So. 2d 481 (Fla. 1st DCA1992), quashed on other grounds, 616 So. 2d 994 (F…
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Hodges v. State, 619 So. 2d 497 (Fla. 1st DCA 1993)…regarding the un-eonstitutionality of section 775.084 have been considered and rejected in the following decisions, among a great many others: Tillman v. State, 609 So. 2d 1295 (Fla.1992); Merriweather v. State, 593 So. 2d 1218 (Fla. 1st DCA), affd, 609 So. 2d 1299 (Fla.1992); 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). Appellant also argues that the trial court faile…
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
- Cross v. State, 96 Fla. 768 (Fla. 1928)
- Michael André Funchess v. State, 609 So. 2d 1295 (Fla. 1992)
- Ross v. State, 601 So. 2d 1190 (Fla. 1992)
- Ishmael Washington v. Mayo, 91 So. 2d 621 (Fla. 1956)
- Reynolds v. Cochran, 138 So. 2d 500 (Fla. 1962)
- Arrices Merriweather v. State, 593 So. 2d 1218 (Fla. 1st DCA 1992)