TOMMY WRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TOMMY WRIGHT, APPELLANT,
STATE OF FLORIDA, APPELLEE
579 So. 2d 418
Florida District Court of Appeal, Fourth District (1991)
Positive Treatment
Cited by 38 cases
Opinion of the Court
PER CURIAM.
We affirm. However, we have not considered the constitutional attack on Chapter 89-280, amending the Habitual Offender Statute, as appellant would have been habitualized under the pre-amended statute as well. See Henderson v. Antonacci, 62 So. 2d 5 (Fla.1952).
ANSTEAD, WARNER and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (19 total)
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van Bryant v. State, 602 So. 2d 582 (Fla. 4th DCA 1992)…rely on the unconstitutionality of the amendment to void his sentence. See Hale v. State, 589 So. 2d 1000 (Fla. 1st DCA 1991); McNeil v. State, 588 So. 2d 303 (Fla. 1st DCA 1991); King v. State, 585 So. 2d 1199 (Fla. 1st DCA 1991); Wright v. State, 579 So. 2d 418 (Fla. 4th DCA 1991). Accordingly, we reverse appellant’s sentence as a habitual offender and remand this matter to the trial court for resentencing. On remand, the trial court may again sentence appellant as a habitual offender upon making findings…
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McNEIL v. State, 588 So. 2d 303 (Fla. 1st DCA 1991)…nal as violative of the one subject rule. However, because appellant could have been habitualized under the pre-amendment statute as well, we decline to consider this argument. See King v. State, 585 So. 2d 1199 (Fla. 1st DCA 1991); Wright v. State, 579 So. 2d 418 (Fla. 4th DCA 1991). ERVIN and SHIVERS, JJ., concur.…
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Tims v. State, 592 So. 2d 741 (Fla. 1st DCA 1992)…offender under the 1988 version of the statute, appellant may not challenge the constitutionality of Chapter 89-280. [*742] See McNeil v. State, 588 So. 2d 303 (Fla. 1st DCA 1991); King v. State, 585 So. 2d 1199 (Fla. 1st DCA 1991); Wright v. State, 579 So. 2d 418 (Fla. 4th DCA 1991). Accordingly, we affirm. SHIVERS, ZEHMER and MINER, JJ., concur. . Art. Ill, § 6, Fla.Const. (1968), provides in part: "Every law shall embrace but one subject and matter properly connected therewith, and the subject shall b…
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- Henderson v. Antonacci, 62 So. 2d 5 (Fla. 1952)