DAVID SYLVESTER COMER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WOLF, Judge.
Comer appeals from his conviction and sentence for burglary of an occupied conveyance and robbery. Appellant contends that the trial court erred in instructing the jury on flight and that section 775.084, Florida Statutes (Supp.1988), is unconstitutional.
The first point was not properly preserved for appeal, and we find no merit in the constitutional challenge. See Smith v. State, 567 So. 2d 55 (Fla. 2nd DCA 1990); Arnold v. State, 566 So. 2d 37 (Fla. 2nd DCA 1990); Roberts v. State, 559 So. 2d 289 (Fla. 2nd DCA 1990), dismissed, 564 So. 2d 488 (Fla.1990); King v. State, 557 So. 2d 899 (Fla. 5th DCA 1990), rev. denied, 564 So. 2d 1086 (Fla.1990). Cf. Barber v. State, 564 So. 2d 1169 (Fla. 1st DCA 1990).
BOOTH and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Huggins v. State, 616 So. 2d 188 (Fla. 1st DCA 1993)…hat his present offenses did not occur “within 5 years of [his] release on parole ... from a prison sentence” imposed for a prior conviction, as required by section 775.084(l)(a)2., Florida Statutes (emphasis supplied). We agree. See Lewis v. State, 577 So. 2d 686 (Fla. 1st DCA1991); Allen v. State, 487 So. 2d 410 (Fla. 4th DCA1986); Further, the state concedes error and requests remand for resentencing. Based on the foregoing, we reverse the habitual offender sentences imposed herein, and remand for resenten…
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)
- Smith v. State, 567 So. 2d 55 (Fla. 2d DCA 1990)