DON LEE WARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm appellant’s conviction and sentence for possession of cocaine. The trial court did not err in giving the flight instruction under the circumstances of this case. See Payne v. State, 541 So. 2d 699, 700 (Fla. 1st DCA 1989). The constitutional challenge to the 1989 amendment of the habitual offender statute, section 775.084, Florida Statutes (1989), has been decided adversely to appellant in Pittman v. State, 570 So. 2d 1045 (Fla. 1st DCA 1990); Barber v. State, 564 So. 2d 1169 (Fla. 1st DCA 1990). Appellant could have been sentenced as an habitual offender under section 775.084 as it read prior to the 1989 amendment, so there is no reason to address the argument that the 1989 law violates the single-subject rule. 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). Cf. Johnson v. State, 589 So. 2d 1370 (Fla. 1st DCA 1991).
ZEHMER, BARFIELD, and ALLEN, JJ., concur.
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A.A. v. Cornell Rolle, 604 So. 2d 813 (Fla. 1992)…a.3d DCA 1991); L.L. v. Woolsey, 583 So. 2d 823, 823 (Fla.lst DCA 1991); A.M.R. v. State, 583 So. 2d 823, 824 (Fla.lst DCA 1991); T.T. v. State, 583 So. 2d 736, 736 (Fla.1st DCA 1991); In re T.S., 585 So. 2d 498, 498 (Fla. 1st DCA 1991); In re L.S., 589 So. 2d 467, 467 (Fla.lst DCA 1991). In A.A. and L.L., the district courts denied the children’s petitions for writs of habeas corpus and affirmed the sentences. A.M.R., T.T., T.S., and L.S. are per curiam affirmances. All the decisions certified conflict with…
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Lewis v. State, 603 So. 2d 722 (Fla. 1st DCA 1992)…PER CURIAM. AFFIRMED. Tims v. State, 592 So. 2d 741 (Fla. 1st DCA1992); Ward v. State, 589 So. 2d 467 (Fla. 1st DCA1991). BOOTH, SMITH and ALLEN, JJ., concur.…
Authorities Cited
- Barber v. State, 564 So. 2d 1169 (Fla. 1st DCA 1990)
- Pittman v. State, 570 So. 2d 1045 (Fla. 1st DCA 1990)
- Johnson v. State, 589 So. 2d 1370 (Fla. 1st DCA 1991)
- Wright v. State, 579 So. 2d 418 (Fla. 4th DCA 1991)
- Bush Wade Holland v. State, 585 So. 2d 1199 (Fla. 1st DCA 1991)
- McNEIL v. State, 588 So. 2d 303 (Fla. 1st DCA 1991)
- Payne v. State, 541 So. 2d 699 (Fla. 1st DCA 1989)