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719 So. 2d 1031

Docket No. 97-2498.

Spann v. State

Gilbert Edward SPANN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 4, 1998.

District Court of Appeal of Florida · decided 1998-11-04

Cited by 11 later decisions — most recently March 2000

10 state decisions

Relies on State v. Boyd · 708 So. 2d 315 - Thompson v. State · 695 So. 2d 872 - Caison v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1998-11-04

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¶1Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant.

¶2Robert A. Butterworth, Attorney General, and Wendy Benner-Leon, Assistant Attorney General, for appellee.

¶3Before COPE, LEVY and FLETCHER, JJ.

¶4PER CURIAM.

¶5We affirm the defendant's conviction, see Buchanan v. State,575 So.2d 704 (Fla. 3d DCA 1991)(although the trial court denied defendant's motion to suppress identification, the issue was not preserved because defendant failed to object during trial prior to admission of the identification evidence), and deny the defendant's challenge to his sentencing pursuant to the "Gort" Act, ch. 95-182, Laws of Florida, which he contends is unconstitutional as held by the Second District Court of Appeal in Thompson v. State,708 So.2d 315 (Fla. 2d DCA), rev. granted,717 So.2d 538 (Fla.1998). As we did in Holloway v. State,712 So.2d 439 (Fla. 3d DCA 1998), we affirm the sentence under the controlling authority of Higgs v. State,695 So.2d 872 (Fla. 3d DCA 1997)(holding the "Gort" Act constitutional), and certify conflict with Thompson v. State.

¶6Affirmed.

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