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721 So. 2d 1250

Docket No. 98-2784.

English v. State

Jerry ENGLISH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 23, 1998.

District Court of Appeal of Florida · decided 1998-12-23

Cited by 9 later decisions — most recently March 2000

8 state decisions

Key passage — most relied on by later courts

“Officer Evelyn Gort and all Fallen Officers Career Criminal Act of 1995,”

quoted by 4 later decisions, including McGowan v. State, 728 So. 2d 1225 - Valdes v. State

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 1998-12-23

View the full empirical analysis of this case →

¶1Jerry English, in proper person.

¶2Robert A. Butterworth, Attorney General, and Christine E. Zahralban, Assistant Attorney General, for appellee.

¶3Before SCHWARTZ, C.J., and GODERICH and GREEN, JJ.

¶4PER CURIAM.

¶5We affirm the defendant's sentences as a violent career criminal, Higgs v. State, 695 So.2d 872 (Fla. 3d DCA 1997), and again certify conflict with the Second District's opinion in Thompson v. State, 708 So.2d 315 (Fla. 2d DCA), review granted, 717 So.2d 538 (Fla.1998).

¶6Affirmed; conflict certified.

¶7SCHWARTZ, C.J., and GODERICH, J., concur.

¶8*1251 GREEN, J. (specially concurring).

¶9As I indicated in my special concurrence in Elliard v. State, 714 So.2d 1218, 1218-19 (Fla. 3d DCA 1998), I believe that the "Officer Evelyn Gort and all Fallen Officers Career Criminal Act of 1995," Chapter 95-192, Laws of Florida, is unconstitutional in that it is violative of the single subject requirement of article III, section 5 of the Florida Constitution for the reasons outlined in Thompson v. State, 708 So.2d 315 (Fla. 2d DCA), review granted, 717 So.2d 538 (Fla.1998), and would prefer to recede from the decisions to the contrary from this district.[1] Accordingly, I would grant the post conviction relief requested in this cause.

NOTES

¶10[1] Dupree v. State, 711 So.2d 647 (Fla. 3d DCA 1998); Higgs v. State, 695 So.2d 872 (Fla. 3d DCA 1997).

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