ANTHONY FELIPPE PITTMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Purposeful Discrimination cases and more on FLexlaw
PER CURIAM.
Appellant was sentenced as a habitual felony offender pursuant to section 775.084, Florida Statutes (1991). He appeals the denial of his challenge to the constitutionality of that statute on grounds that it is being dis- criminatorily applied to persons of the black race in the First Circuit. In support of the motion, he relies on statistical studies attached to his motion. One such study concluded that “black offenders are habitualized 1.76 times more frequently than similarly situated non-black offenders.” We affirm the trial court’s ruling because Appellant “has offered nothing to suggest that the state attorney’s office acted with purposeful discrimination” in seeking habitualization in his particular case. Foster v. State, 614 So. 2d 455, 463 (Fla.1992).
AFFIRMED.
ZEHMER, C.J., and JOANOS and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Kirk v. State, 663 So. 2d 1373 (Fla. 5th DCA 1995)…, 650 So. 2d 1052 (Fla. 2d DCA 1995); Hartley v. State, 650 So. 2d 1044 (Fla. 4th DCA 1995); Lamar v. State, 650 So. 2d 1044 (Fla. 4th DCA 1995); Dawson v. State, 636 So. 2d 858 (Fla. 1st DCA), rev. den., 648 So. 2d 722 (Fla.1994); Pittman v. State, 633 So. 2d 1125 (Fla. 1st DCA), rev. den., 642 So. 2d 747 (Fla.1994). Section 775.08401 addresses the concerns raised in these cases by requiring the state attorneys to establish uniform guidelines that will prevent selective use of the statute. Section 775.08401…
-
Dawson v. State, 636 So. 2d 858 (Fla. 1st DCA 1994)…er court erred in not granting appellant’s motion for an evidentiary hearing on the question of whether the habitual felony offender statute, section 775.084, Florida Statutes (1991), is applied in a racially disparate manner. In Pittman v. State, 633 So. 2d 1125 (Fla. 1st DCA 1992), this court affirmed a habitual felony offender sentence where the defendant had submitted statistical evidence which he alleged demonstrated that black defendants were more likely than white defendants to receive an enhanced sen…
-
Torace Jones and Charlie Gasper v. State, 676 So. 2d 26 (Fla. 1st DCA 1996)…o. 2d 1272 (Fla. 1st DCA 1995); Miller v. State, 651 So. 2d 138 (Fla. 3d DCA), review denied, 659 So. 2d 1087 (Fla.1995); McKinley v. State, 650 So. 2d 1052 (Fla. 2d DCA 1995); Hartley v. State, 650 So. 2d 1044 (Fla. 4th DCA 1995); Pittman v. State, 633 So. 2d 1125 (Fla. 1st DCA), review denied, 642 So. 2d 747 (Fla.1994). We have found nothing in appellants’ arguments to persuade us to recede from this requirement. Accordingly, appellants’ sentences are affirmed. AFFIRMED. WEBSTER, MICKLE and LAWRENCE, JJ.…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Foster v. State, 614 So. 2d 455 (Fla. 1992)