ANTHONY CARACCIOLO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1990-02-28
No. 89-2734
557 So. 2d 899 Florida District Court of Appeal, Fourth District (1990) Negative Treatment
Cited by 210 cases

Opinion of the Court

BY ORDER OF THE COURT:

ORDERED that Appellant’s December 19, 1989 pro se motion for rehearing is granted.

This court’s per curiam decision of December 6, 1989 is withdrawn.

ORDERED that Appellee, State of Florida, is directed to file its response within fifteen (15) days to Appellant’s 3.850 appeal.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (105 total)

  • Grant v. State, 770 So. 2d 655 (Fla. 2000)
    …release; and between offenders who commit enumerated felonies within three years after their release from the Florida state prison system and those who were recently released from federal prison, local jails or other state prisons. In King v. State, 557 So. 2d 899 (Fla. 5th DCA 1990), a similar argument was rejected in the context of an equal protection challenge to an early recidivist statute which was claimed to have created inequitable classes (which were un-derinclusive) because it applied only to those w…
  • Arnold v. State, 566 So. 2d 37 (Fla. 2d DCA 1990)
    …punishing recidivists more severely than first time offenders and protecting the public by incarcerating career criminals. See Eutsey v. State, 383 So. 2d 219, 223 (Fla.1980); Roberts v. State, 559 So. 2d 289, 291 (Fla. 2d DCA 1990); King v. State, 557 So. 2d 899, 902 (Fla. 5th DCA 1990). The appellant argues that the state has arbitrarily applied the statute, but the record contains no facts to support this allegation. Furthermore, the state need prove only objective criteria for a defendant to be classifie…
  • Rollinson v. State, 743 So. 2d 585 (Fla. 4th DCA 1999)
    …nal offenders. Limiting the Act’s application to releasees who commit one of the enumerated felonies within three years of prison release is not irrational. See Woods v. State, 24 Fla. L. Weekly D831, 740 So. 2d 20 (Fla.lst DCA 1999); King v. State, 557 So. 2d 899, 902 (Fla. 5th DCA 1990) (“ ‘The mere failure to prosecute all offenders is no ground for a claim of denial of equal protection.’”) (quoting Bell v. State, 369 So. 2d 932, 934 (Fla.1979) (quoting Moss v. Hornig, 314 F. 2d 89, 92 (2d Cir.1963))). VI…

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