609 So. 2d 1300

Sylvester Mann WARREN, Petitioner, v. STATE of Florida, Respondent.

No. 80199.

Supreme Court of Florida.

Nov. 25, 1992.

Nancy A. Daniels, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen. and Charlie McCoy, Asst. Atty. Gen., Tallahassee, for respondent.

OVERTON, Justice.

We have for review Warren v. State, 601 So.2d 1252 (Fla. 1st DCA 1992), in which the district court affirmed Warren’s sentence as a habitual violent felony offender and certified the following question as being of great public importance:

Is section 775.084(l)(b), the habitual violent felony offender statute, unconstitutional because: (1) it is inequitable and subject to arbitrary and capricious application in violation of article I, section 9 of the Florida Constitution and the 14th Amendment to the United States Constitution, and (2) it violates the constitutional prohibitions against double jeopardy?

Id. at 1253.1 We answer both portions of the question in the negative and approve the decision of the district court, in accordance with our decisions in Tillman v. State, 609 So.2d 1295 (Fla.1992), and Ross v. State, 601 So.2d 1190 (Fla.1992).

It is so ordered.

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

Warren v. State
609 So. 2d 1300

Case Details

Name
Warren v. State
Decision Date
Nov 25, 1992
Citations

609 So. 2d 1300

Jurisdiction
Florida

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!