RAYMOND JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RAYMOND JOHNSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
634 So. 2d 319
Florida District Court of Appeal, First District (1994)
Positive Treatment
Cited by 2 cases
Opinion of the Court
[*320] PER CURIAM.
This cause is before us on appeal from a judgment and sentence. We affirm without discussion as to the first issue raised by appellant. As to the second issue, whether the habitual violent felony offender statute, section 775.084, Florida Statutes (1991), is unconstitutional, we also affirm. All of appellant’s challenges, including his separation-of-powers challenge, have been rejected on numerous occasions. E.g., Porter v. State, 629 So. 2d 834 (Fla.1993); Seabrook v. State, 629 So. 2d 129 (Fla.1993); London v. State, 623 So. 2d 527 (Fla. 1st DCA 1993); and Evans v. State, 625 So. 2d 915 (Fla. 1st DCA 1993).
AFFIRMED.
BOOTH, ALLEN, and WEBSTER, JJ., concur.
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State v. Murray, 644 So. 2d 533 (Fla. 4th DCA 1994)…. 2d 712 cert. denied, — U.S. -, 114 S.Ct. 2712, 129 L.Ed.2d 839 (1994) (holding that retroactive application returning to Blockburger “same elements” test for double jeopardy questions involving successive prosecutions is valid); State v. Dunsford, 634 So. 2d 319 (Fla. 1st DCA 1994) (applying Blockburger test retroactively). Accordingly, we answer the first certified question in the negative.2 As for the second question, we agree with our companion courts that double jeopardy is not violated when a person h…
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State v. Gregory, 648 So. 2d 1220 (Fla. 2d DCA 1995)…s pending on appeal at the time Dixon was decided. We agree. See State v. Murray, 644 So. 2d 533 (Fla. 4th DCA 1994) (“[bjecause this ease is currently on appeal, there is no reason why Dixon should not be applied retroactively”); State v. Dunsford, 634 So. 2d 319 n. 1 (Fla. 1st DCA 1994); Hernandez v. Superior Court in and for County of Maricopa, 179 Ariz. 515, 880 P. 2d 735 (Ct.App.1994). Dixon announced a return to the double jeopardy analysis used in Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 1…
Authorities Cited
- Marblee Seabrook v. State, 629 So. 2d 129 (Fla. 1993)
- London v. State, 623 So. 2d 527 (Fla. 1st DCA 1993)
- Porter v. State, 629 So. 2d 834 (Fla. 1993)
- Evans v. State, 625 So. 2d 915 (Fla. 1st DCA 1993)