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616 So. 2d 994

616 So.2d 994

18 Fla.L.WeeklySupp. 255

State v. Hodges

Supreme Court of Florida

Decided April 15, 1993

Supreme Court of Florida · decided 1993-04-15

Cited by 4 later decisions — most recently June 2011

4 state decisions

Relies on State v. Rucker · Trushin v. State · 596 So. 2d 481 - Hodges v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-04-15

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SHAW; Justice.

¶1We have for review Hodges v. State, 596 So.2d 481 (Fla. 1st DCA 1992), wherein the district court certified a question of great public importance. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We have since answered the question in State v. Rucker, 613 So.2d 460 (Fla.1993).1 We quash Hodgesand remand for proceedings consistent with Rucker.

¶2It is so ordered.

BARKETT, C.J., and OVERTON, McDONALD, GRIMES, KOGAN and HARDING, JJ., concur.

¶3. We decline to address the second certified question in Hodgesdealing with the constitutionality of the habitual offender statute. In his brief before this Court on this issue, Hodges argues exclusively, and for the first time, that the statute is unconstitutional as applied, primarily on racial grounds. Such a challenge requiring resolution of extensive factual matters cannot be raised for the first time on appeal. Trushin v. State, 425 So.2d 1126 (Fla.1982).

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