JAMES BOUIE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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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).
As to the appellant’s assertion that the court erred in sentencing the appellant as an habitual felony offender “without making the requisite findings,” we affirm on the authority of Robinson v. State, 551 So. 2d 1240 (Fla. 1st DCA 1989). We also reject appellant’s notice argument.
AFFIRMED.
SMITH, NIMMONS and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Goodman v. State, 578 So. 2d 11 (Fla. 1st DCA 1991)…e United States Constitution; and (2) appellant should not have 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), dism…
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Bryant Kilo v. State, 578 So. 2d 833 (Fla. 1st DCA 1991)…ssed in Ree have no applicability to appellant’s sentence. 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), dism…
Authorities Cited
- Caracciolo v. State, 557 So. 2d 899 (Fla. 4th DCA 1990)
- Barber v. State, 564 So. 2d 1169 (Fla. 1st DCA 1990)
- Arnold v. State, 566 So. 2d 37 (Fla. 2d DCA 1990)
- Flowers v. State, 559 So. 2d 289 (Fla. 4th DCA 1990)
- Roberts v. State, 559 So. 2d 289 (Fla. 2d DCA 1990)
- Robinson v. State, 551 So. 2d 1240 (Fla. 1st DCA 1989)
- Smith v. State, 567 So. 2d 55 (Fla. 2d DCA 1990)