JERRY ENGLISH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm the defendant’s sentences as a violent career criminal, Higgs v. State, 695 So. 2d 872 (Fla. 3d DCA 1997), and again certify conflict with the Second District’s opinion in Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA), review granted, 717 So. 2d 538 (Fla.1998).
Affirmed; conflict certified.
SCHWARTZ, C.J., and GODERICH, J., concur.
[*1251] GREEN, J.
(specially concurring).
As I indicated in my special concurrence in Elliard v. State, 714 So. 2d 1218, 1218-19 (Fla. 3d DCA 1998), I believe that the “Officer Evelyn Gort and all Fallen Officers Career Criminal Act of 1995,” Chapter 95-192, Laws of Florida, is unconstitutional in that it is violative of the single subject requirement of article III, section 5 of the Florida Constitution for the reasons outlined in Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA), review granted, 717 So. 2d 538 (Fla.1998), and would prefer to recede from the decisions to the contrary from this district.1 Accordingly, I would grant the post conviction relief requested in this cause.
. Dupree v. State, 711 So. 2d 647 (Fla. 3d DCA 1998); Higgs v. State, 695 So. 2d 872 (Fla. 3d DCA 1997).
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Valdes v. State, 728 So. 2d 1225 (Fla. 3d DCA 1999)…t to the “Officer Evelyn Gort and all Fallen Officers Career Criminal Act of 1995”, Chapter 95-192, Laws of Florida. As I have previously stated in my special concurring opinions in John v. State, 724 So. 2d 708 (Fla. 3d DCA 1999), English v. State, 721 So. 2d 1250 (Fla. 3d DCA 1998), and Elliard v. State, 714 So. 2d 1218 (Fla. 3d DCA 1998), I steadfastly believe that this act is unconstitutional because it violates the single subject requirement of article III, section 5 of the Florida Constitution; I am pers…
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McGOWAN v. State, 725 So. 2d 470 (Fla. 3d DCA 1999)…97), the defendant’s constitutional challenge to his 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),…
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Jones v. State, 747 So. 2d 982 (Fla. 3d DCA 1999)…Florida. As I have previously written in my special concurring opinions in Williams v. State, 731 So. 2d 99 (Fla. 3d DCA 1999); Valdes v. State, 728 So. 2d 1225 (Fla. 3d DCA 1999); John v. State, 724 So. 2d 708 (Fla. 3d DCA 1999); English v. State, 721 So. 2d 1250 (Fla. 3d DCA 1998); and Elliard v. State, 714 So. 2d 1218 (Fla. 3d DCA), review granted, 728 So. 2d 201 (Fla.1998), I believe that this act, as written, is unconstitutional because it violates the single subject requirement of article III, section 5…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA 1998)
- Caison v. State, 695 So. 2d 872 (Fla. 3d DCA 1997)
- Booker T. Elliard v. State, 714 So. 2d 1218 (Fla. 3d DCA 1998)
- Melton v. State, 711 So. 2d 647 (Fla. 1st DCA 1998)