Maxwell v. State

Chester MAXWELL, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida

Decided July 20, 1995.

Supreme Court of Florida · decided 1995-07-20

Relies on 656 So. 2d 432 - Windom v. State · 647 So. 2d 871 - State v. Maxwell

Decided 1995-07-20

¶1Carey Haughwout of Tierney & Haughwout, West Palm Beach, for petitioner.

¶2Carolyn V. McCann, Sp. Asst. Atty. Gen., Ft. Lauderdale, for respondent.

¶3WELLS, Justice.

¶4We have for review a district court decision presenting the following question certified to be of great public importance:

IS SECTION 921.141(7), FLORIDA STATUTES, ALLOWING VICTIM IMPACT EVIDENCE, UNCONSTITUTIONAL?

¶5 State v. Maxwell, 647 So.2d 871, 873 (Fla. 4th DCA 1994). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

¶6In accordance with our decision in Windom v. State, 656 So.2d 432 (Fla. 1995), we answer the question in the negative and approve the Fourth District's decision upholding the constitutionality of section 921.141(7), Florida Statutes (1993).

¶7It is so ordered.

¶8GRIMES, C.J., and OVERTON, SHAW, KOGAN and HARDING, JJ., concur.

¶9ANSTEAD, J., recused.