BERNARD EDWARDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1995-01-11
No. 92-2939
POLEN, FARMER and STEVENSON, JJ., concur.
650 So. 2d 1052 Florida District Court of Appeal, Fourth District (1995) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, Bernard Edwards, was tried by jury and convicted of the sale of. cocaine. His case was assigned to the Fifteenth Judicial Circuit’s special habitual felony offender division of the circuit court. Appellant was declared an habitual felony offender and sentenced to five years in state prison to be followed by ten years probation. In accordance with Hartley v. State, 650 So. 2d 1044 (Fla. 4th DCA 1995), we affirm appellant’s conviction but vacate the sentence and remand for re-sentencing before a different trial judge.

POLEN, FARMER and STEVENSON, JJ., concur.


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  • Kirk v. State, 663 So. 2d 1373 (Fla. 5th DCA 1995)
    …ss v. State, 601 So. 2d 1190 (Fla.1992).2 Many of these challenges included a specific claim of racial discrimination in the use of the statute. Miller v. State, 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 (…
  • Torace Jones and Charlie Gasper v. State, 676 So. 2d 26 (Fla. 1st DCA 1996)
    …subjected to purposeful discrimination based on race to establish such a claim. E.g., Bartley v. State, 657 So. 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…
  • …e of Arlington Heights v. Metropolitan Hous. Dev. Corp., 429 U.S. 252, 265, 97 S.Ct. 555, 50 L.Ed.2d 450 (1977)(“Proof of racially discriminatory intent or purpose is required to show a violation of the Equal Protection Clause.”); McKinley v. State, 650 So. 2d 1052, 1054 (Fla. 2d DCA 1995)(reeognizing that violation of equal protection clause requires purposeful discrimination). Accordingly, the judgment on review is affirmed in part, reversed in part and remanded. GROSS, J., and BAILEY, JENNIFER D., Assoc…

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