RONALD DAVID ATKINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1990-12-14
No. 90-389
SMITH, NIMMONS and ZEHMER, JJ., concur.
570 So. 2d 1147 Florida District Court of Appeal, First District (1990) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm on both issues raised by appellant. As to the constitutional attack upon Section 775.084, Florida Statutes (1988 Supp.), we affirm on the authority of Smith v. State, 567 So. 2d 55 (Fla. 2d DCA 1990); Arnold v. State, 566 So. 2d 37 (Fla. 2d DCA 1990); Roberts v. State, 559 So. 2d 289 (Fla. 2d DCA), dismissed, 564 So. 2d 488 (Fla.1990); King v. State, 557 So. 2d 899 (Fla. 5th DCA), review denied, 564 So. 2d 1086 (Fla.1990). Cf. Barber v. State, 564 So. 2d 1169 (Fla. 1st DCA 1990).

We also reject appellant’s arguments on the second issue relating to alleged procedural irregularities in connection with the imposition of the habitual offender sentence.

AFFIRMED.

SMITH, NIMMONS and ZEHMER, JJ., concur.


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  • Goodman v. State, 578 So. 2d 11 (Fla. 1st DCA 1991)
    …ave been classified as an habitual felony offender because the two prior convictions had been entered at the same time. As to the first issue, we affirm on the authority of Bouie v. State, 570 So. 2d 1148 (Fla. 1st DCA 1990), and Atkinson v. State, 570 So. 2d 1147 (Fla. 1st DCA 1990), citing to Smith v. State, 567 So. 2d 55 (Fla. 2d DCA 1990); Arnold v. State, 566 So. 2d 37 (Fla. 2d DCA 1990); Roberts v. State, 559 So. 2d 289 (Fla. 2d DCA 1990), dismissed 564 So. 2d 488 (Fla.1990); King v. State, 557 So. 2d 8…
  • Bryant Kilo v. State, 578 So. 2d 833 (Fla. 1st DCA 1991)
    …Appellant also attacks Section 775.-084(l)(a) on various constitutional grounds including due process, equal protection, and separation of powers. We affirm on authority of Bouie v. State, 570 So. 2d 1148 (Fla. 1st DCA 1990), and Atkinson v. State, 570 So. 2d 1147 (Fla. 1st DCA 1990), citing to Smith v. State, 567 So. 2d 55 (Fla. 2d DCA 1990); Arnold v. State, 566 So. 2d 37 (Fla. 2d DCÁ 1990); Roberts v. State, 559 So. 2d 289 (Fla. 2d DCA 1990), dismissed 564 So. 2d 488 (Fla.1990); King v. State, 557 So. 2d 8…

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