Spencer v. State

District Court of Appeal of Florida

Decided April 8, 2002

District Court of Appeal of Florida · decided 2002-04-08

Relies on 790 So. 2d 1094 - Banks v. State · 797 So. 2d 573 - Jeffries v. State · 773 So. 2d 99 - Hall v. State

Decided 2002-04-08

PER CURIAM.

¶1Spencer waived his constitutional challenge to the Criminal Punishment Code1 by failing to raise it below. Harvey v. State, 786 So.2d 595 (Fla. 1st DCA), certifying questions in, 786 So.2d 28 (Fla. 1st *608DCA), review granted, 797 So.2d 585 (Fla.2001). Moreover, this court has previously rejected his constitutional challenges. Hall v. State, 773 So.2d 99 (Fla. 1st DCA 2000), review granted, 790 So.2d 1104 (Fla.2001).

¶2AFFIRMED.

ERVIN, VAN NORTWICK and BROWNING, JJ., concur.

¶3. §§ 921.002-.0027, Fla. Stat. (1999).