NICHOLAS JAVIC DAWSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant challenges his habitual offender sentence on the ground that the lower 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 sentence under the habitual offender statute. Citing Foster v. State, 614 So. 2d 455 (Fla.1992), this court found that the defendant in Pittman had not offered any evidence of purposeful discrimination against him particularly. Similarly, appellant’s motion in the instant case referred only to data suggesting a racial bias in a general sense, and there was no allegation that appellant was subjected to purposeful discrimination in his particular case.
Accordingly, we AFFIRM appellant’s sentence.
SMITH, BARFIELD and LAWRENCE, JJ., concur.
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Kirk v. State, 663 So. 2d 1373 (Fla. 5th DCA 1995)…651 So. 2d 138 (Fla. 3d DCA), rev. den., 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); 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 establis…
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Miller v. State, 651 So. 2d 138 (Fla. 3d DCA 1995)…t probative on the issue of whether racial considerations played a role in the imposition of habitual offender sentences. Hartley v. State, 650 So. 2d 1044 (Fla. 4th DCA, 1995); Jackson v. State, 641 So. 2d 1369 (Fla. 1st DCA 1994); Dawson v. State, 636 So. 2d 858 (Fla. 1st DCA 1994); Pittman v. State, 633 So. 2d 1125 (Fla. 1st DCA), rev. denied, 642 So. 2d 747 (Fla.1994). This is so because the imposition of a habitual offender sentence involves (1) numerous decision-makers, rather than a single decision-mak…
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Hartley v. State, 650 So. 2d 1044 (Fla. 4th DCA 1995)…ply put, in order to prevail on his equal protection claim, appellant must prove that the decision-makers in his case acted with discriminatory purpose in creating the habitual felony offender division or in assigning him to it. See Dawson v. State, 636 So. 2d 858 (Fla. 1st DCA 1994); Pittman v. State, 633 So. 2d 1125 (Fla. 1st DCA), rev. denied, 642 So. 2d 747 (Fla.1994). Appellant does not offer such proof nor make such allegations. Instead, in his motion to declare the habitual offender court unlawful, he…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Foster v. State, 614 So. 2d 455 (Fla. 1992)
- Pittman v. State, 633 So. 2d 1125 (Fla. 1st DCA 1994)