STANFORD LAMAR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Defendant has appealed the denial of his motion for post-conviction relief pursuant to rule 3.850. Defendant based his collateral attack on his conviction on alleged constitutional infirmities in his classification as a habitual felony offender, specifically, that he was designated for habitual offender status purely on the basis of race in violation of equal protection and due process rights under both the Florida and United States Constitutions.
We reject defendant’s constitutional argument pursuant to the reasoning in our recent decision of Hartley v. State, 650 So. 2d 1044 (Fla. 4th DCA 1995). In addition, defendant does not raise the legality of the creation of the special habitual felony offender division by administrative order rather than local rule.
However, in Hartley the defendant was assigned to the habitual offender division upon a determination that he met the criteria set forth in the administrative rule. Here, defendant’s case had already been assigned to Division V twenty months before Division V was converted to the habitual offender division.
Accordingly, for all of these reasons, we affirm the denial of defendant’s motion for post-conviction relief.
HERSEY, FARMER and PARIENTE, JJ., concur.
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Hewlett v. The State of Fla. & The Honorable Carole Y. Taylor, 661 So. 2d 112 (Fla. 4th DCA 1995)…eview to conflict with section 948.08(6), the pretrial intervention statute. Administrative orders involving the creation and governance of circuit court divisions have been the subject of recent district court opinions. See, e.g., Hartley v. State, 650 So. 2d 1044 (Fla. 4th DCA 1995); Valdez v. Chief Judge of the Eleventh Judicial Circuit, 640 So. 2d 1164 (Fla. 3d DCA 1994), rev. denied, 652 So. 2d 816 (Fla.1995). In Valdez, the chief judge of the circuit court issued an administrative order that set forth cr…
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Kirk v. State, 663 So. 2d 1373 (Fla. 5th DCA 1995)…e challenges included a specific claim of racial discrimination in the use of the statute. Miller v. State, 651 So. 2d 138 (Fla. 3d DCA), rev. den., 659 So. 2d 1087 (Fla.1995); McKinley v. State, 650 So. 2d 1052 (Fla. 2d DCA 1995); Hartley v. State, 650 So. 2d 1044 (Fla. 4th DCA 1995); Lamar v. State, 650 So. 2d 1044 (Fla. 4th DCA 1995); Dawson v. State, 636 So. 2d 858 (Fla. 1st DCA), rev. den., 648 So. 2d 722 (Fla.1994); Pittman v. State, 633 So. 2d 1125 (Fla. 1st DCA), rev. den., 642 So. 2d 747 (Fla.1994). S…1 / 2
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Heaton v. State, 711 So. 2d 1157 (Fla. 4th DCA 1998)…hich the defendant was sentenced, constituted ineffective assistance of counsel where members of the public defender’s office were successfully attacking the creation of such division. Butler was premised on this court’s opinion in Hartley v. State, 650 So. 2d 1044 (Fla. 4th DCA 1995), which found, inter alia, that the Fifteenth Judicial Circuit’s habitual felony offender division should have been established by local law approved by the Florida Supreme Court in accordance with article V, section 20(c)(1) of t…
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- Hartley v. State, 650 So. 2d 1044 (Fla. 4th DCA 1995)