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601 So. 2d 1252

Warren v. State

District Court of Appeal of Florida · decided 1992-06-25

Cited by 1 later decisions — most recently November 1992

1 state decisions

Key passage — most relied on by later courts

“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?”

quoted by 1 later decision, including 609 So. 2d 1300 - Warren v. State

Relies on 581 So. 2d 162 - Lott v. State · 570 So. 2d 1045 - Pittman v. State · Perkins v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-06-25

View the full empirical analysis of this case →

PER CURIAM.

¶1Appellant challenges his sentence as a habitual violent felony offender, contending that section 775.084(l)(b), Florida Statutes (1989), is unconstitutional on several grounds. We reject each of his arguments and affirm on the authority of Ross v. State, 579 So.2d 877 (Fla. 1st DCA 1991), approved, 601 So.2d 1190 (Fla.1992); Tillman v. State, 586 So.2d 1269 (Fla. 1st DCA 1991); Perkins v. State, 583 So.2d 1103 (Fla. 1st DCA), jurisdiction accepted, 590 So.2d 421 (Fla.1991); Pittman v. State, 570 So.2d 1045 (Fla. 1st DCA 1990), rev. denied, 581 So.2d 166 (Fla.1991). We certify the following question of great public importance to. the supreme court:

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 Fourteenth Amendment to the United States constitution, and (2) it violates the constitutional prohibitions against double jeopardy?

¶2AFFIRMED.

ZEHMER, BARFIELD and WOLF, JJ„ concur.
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