STATE OF FLORIDA, PETITIONER,
v.
BILLY JOE HODGES, RESPONDENT
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SHAW; Justice.
We have for review Hodges v. State, 596 So. 2d 481 (Fla. 1st DCA 1992), wherein the district court certified a question of great public importance. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We have since answered the question in State v. Rucker, 613 So. 2d 460 (Fla.1993).1 We quash Hodges and remand for proceedings consistent with Rucker. It is so ordered.
BARKETT, C.J., and OVERTON, McDONALD, GRIMES, KOGAN and HARDING, JJ., concur. . We decline to address the second certified question in Hodges dealing with the constitutionality of the habitual offender statute. In his brief before this Court on this issue, Hodges argues exclusively, and for the first time, that the statute is unconstitutional as applied, primarily on racial grounds. Such a challenge requiring resolution of extensive factual matters cannot be raised for the first time on appeal. Trushin v. State, 425 So. 2d 1126 (Fla.1982).
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Citator
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London v. State, 623 So. 2d 527 (Fla. 1st DCA 1993)…1st DCA 1992) (due process, equal protection, separation of powers; certified question); Hodges v. State, 596 [*528] So. 2d 481 (Fla. 1st DCA 1992) (due process, equal protection, separation of powers; certified question), quashed on other grounds, 616 So. 2d 994 (Fla.1993) (court declined to address certified question on constitutionality of habitual offender statute); Perkins v. State, 583 So. 2d 1103 (Fla. 1st DCA 1991), approved, 616 So. 2d 9 (Fla.1993) (due process and other grounds); Wilson v. State, 5…
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State v. SUN, 82 So. 3d 866 (Fla. 4th DCA 2011)…statute is infirm because of over-breadth, can be raised for the first time on appeal.... The constitutional application of a statute to a particular set of facts is another matter and must be raised at the trial level.”); see also State v. Hodges, 616 So. 2d 994, 994 n. 1 (Fla.1993) (“Such a[n] [as-applied] challenge requiring resolution of extensive factual matters cannot be raised for the first time on appeal.” (citing Trushin)). Cf. State v. Fernandez, 36 So. 3d 120, 121 (Fla. 2d DCA 2010) (where the def…
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Marshall v. State, 623 So. 2d 1230 (Fla. 1st DCA 1993)…, 609 So. 2d 1299 (Fla.1992); Tillman v. State, 609 So. 2d 1295 (Fla.1992); Ross v. State, 601 So. 2d 1190 (Fla.1992); Murphy v. State, 616 So. 2d 1100 (Fla. 1st DCA1993); Hodges v. State, 596 So. 2d 481 (Fla. 1st DCA1992), quashed on other grounds, 616 So. 2d 994 (Fla.1993); Perkins v. State, 583 So. 2d 1103 (Fla. 1st DCA1991), approved, 616 So. 2d 9 (Fla.1993); Wilson v. State, 574 So. 2d 1170, 1171 (Fla. 1st DCA), rev. denied, 583 So. 2d 1038 (Fla.1991); Smith v. State, 567 So. 2d 55 (Fla. 2d DCA1990), rev…
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- State v. Rucker, 613 So. 2d 460 (Fla. 1993)
- Trushin v. State, 425 So. 2d 1126 (Fla. 1982)
- Hodges v. State, 596 So. 2d 481 (Fla. 1st DCA 1992)