SYLVESTER MANN WARREN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
SYLVESTER MANN WARREN, PETITIONER,
STATE OF FLORIDA, RESPONDENT
609 So. 2d 1300
Florida Supreme Court (1992)
Positive Treatment
Cited by 2 cases
Topics
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Opinion of the Court
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 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 14th Amendment to the United States Constitution, and (2) it violates the constitutional prohibitions against double jeopardy?
Id. at 1253.1 We answer both portions of 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), and Ross v. State, 601 So. 2d 1190 (Fla.1992).
It is so ordered.
BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur. . We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gudinas v. State, 879 So. 2d 616 (Fla. 2004)…v. State, 383 So. 2d 219, 222-23 (Fla.1980) (upholding the habitual offender act upon the defendant’s argument that the act did not afford him the same rights as an accused person in the guilt portion of a criminal trial); see also Warren v. State, 609 So. 2d 1300 (Fla.1992) (holding that the HVFO statute was constitutional upon challenges that the act was inequitable, subject to arbitrary and capricious application, and violated double jeopardy and citing Tillman v. State, 609 So. 2d 1295 (Fla.1992), and Ros…
Authorities Cited
- Michael André Funchess v. State, 609 So. 2d 1295 (Fla. 1992)
- Ross v. State, 601 So. 2d 1190 (Fla. 1992)
- Warren v. State, 601 So. 2d 1252 (Fla. 1st DCA 1992)