GILBERT EDWARD SPANN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1998-11-04
No. 97-2498
Before COPE, LEVY and FLETCHER, JJ.
719 So. 2d 1031 Florida District Court of Appeal, Third District (1998) Negative Treatment
Cited by 15 cases
Topics
Motion To Suppress Identification Preservation Of Error For Appeal

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the defendant’s conviction, see Buchanan v. State, 575 So. 2d 704 (Fla. 3d DCA 1991)(although the trial court denied defendant’s motion to suppress identification, the issue was not preserved because defendant failed to object during trial prior to admission of the identification evidence), and deny the defendant’s challenge to his sentencing pursuant to the “Gort” Act, ch. 95-182, Laws of Florida, which he contends is unconstitutional as held by the Second District Court of Appeal in Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA), rev. granted, 717 So. 2d 538 (Fla.1998). As we did in Holloway v. State, 712 So. 2d 439 (Fla. 3d DCA 1998), we affirm the sentence under the controlling authority of Higgs v. State, 695 So. 2d 872 (Fla. 3d DCA 1997)(holding the “Gort” Act constitutional), and certify conflict with Thompson v. State.

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (14 total)

  • Valdes v. State, 728 So. 2d 1225 (Fla. 3d DCA 1999)
    …s v. State, 24 Fla. L. Weekly D328, 730 So. 2d 313 (Fla. 3d DCA 1999); Gonzalez v. State, 724 So. 2d 1271 (Fla. 3d DCA 1999); John, 724 So. 2d at 708; Marshall v. State, 723 So. 2d 923 (Fla. 3d DCA 1999); English, 721 So. 2d at 1250; Spann v. State, 719 So. 2d 1031 (Fla. 3d DCA 1998); Tillman v. State, 718 So. 2d 944 (Fla. 3d DCA 1998); Cyrus v. State, 717 So. 2d 619 (Fla. 3d DCA 1998); Almanza v. State, 716 So. 2d 351 (Fla. 3d DCA 1998); Elliard, 714 So. 2d at 1218; Holloway v. State, 712 So. 2d 439 (Fla. 3d…
  • McGOWAN v. State, 725 So. 2d 470 (Fla. 3d DCA 1999)
    …sentencing pursuant to the “Officer Evelyn Gort and all Fallen Officers Career Criminal Act of 1995,” Chapter 95-192, Laws of Florida. As we have done a number of times, see e.g. English v. State, 721 So. 2d 1250 (Fla. 3d DCA 1998); Spann v. State, 719 So. 2d 1031 (Fla. 3d DCA 1998); Cyrus v. State, 717 So. 2d 619 (Fla. 3d DCA 1998); Almanza v. State, 716 So. 2d 351 (Fla. 3d DCA 1998), we certify conflict with Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA), review granted, 717 So. 2d 538 (Fla.1998) on the “G…
  • Jones v. State, 747 So. 2d 982 (Fla. 3d DCA 1999)
    …State, 728 So. 2d 280 (Fla. 3d DCA 1999); Robbins v. State, 730 So. 2d 313 (Fla. 3d DCA 1999); Gonzalez v. State, 724 So. 2d 1271 (Fla. 3d DCA 1999); Marshall v. State, 723 So. 2d 923 (Fla. 3d DCA 1999); English, 721 So. 2d at 1250; Spann v. State, 719 So. 2d 1031 (Fla. 3d DCA 1998); Tillman v. State, 718 So. 2d 944 (Fla. 3d DCA 1998), review granted, 727 So. 2d 914 (Fla.1999); Cyrus v. State, 717 So. 2d 619 (Fla. 3d DCA 1998); Almanza v. State, 716 So. 2d 351 (Fla. 3d DCA 1998); Elliard, 714 So. 2d at 1218;…

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