RICKY COOPER MCGOWAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1999-02-17
No. 97-1446
Before SCHWARTZ, C.J., and GERSTEN, and FLETCHER, JJ.
725 So. 2d 470 Florida District Court of Appeal, Third District (1999) Negative Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the defendant’s conviction for unlawful possession of a firearm by a violent career criminal and reject, on the authority of Higgs v. State, 695 So. 2d 872 (Fla. 3d DCA 1997), 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), review granted, 717 So. 2d 538 (Fla.1998) on the “Gort” issue.

Affirmed; conflict certified.


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Citator

Cited By

  • Valdes v. State, 728 So. 2d 1225 (Fla. 3d DCA 1999)
    …at this court: (1) recede from its opinion in Higgs v. State, 695 So. 2d 872 (Fla. 3d DCA 1997); and its progeny; 1 (2) adopt Thompson and its progeny;2 and (3) reverse the appellant’s sentence and remand for resentencing. . See McGowan v. State, 725 So. 2d 470, 24 Fla. L. Weekly D442 (Fla. 3d DCA 1999); Russell v. State, 725 So. 2d 1274, 24 Fla. L. Weekly D442 (Fla. 3d DCA 1999); Waldo v. State, 24 Fla. L. Weekly D395, 728 So. 2d 280 (Fla. 3d DCA 1999); Robbins v. State, 24 Fla. L. Weekly D328, 730 So. 2d…
  • Jones v. State, 747 So. 2d 982 (Fla. 3d DCA 1999)
    …, 695 So. 2d 872 (Fla. 3d DCA 1997), and its progeny,1 reverse the appellant’s sentence and remand for resentencing. . See Lee v. State, 739 So. 2d 1175 (Fla. 3d DCA 1999); Williams, 731 So. 2d at 99; Valdes, 728 So. 2d at 1225; McGowan v. State, 725 So. 2d 470 (Fla. 3d DCA 1999); Russell v. State, 725 So. 2d 1274 (Fla. 3d DCA 1999); Waldo v. 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. Stat…
  • McGOWAN v. State, 755 So. 2d 109 (Fla. 2000)
    …PER CURIAM. We have for review McGowan, v. State, 725 So. 2d 470 (Fla. 3d DCA 1999), in which the Third District Court of Appeal affirmed Ricky Cooper McGowan’s conviction for unlawful possession of a firearm by a violent career criminal and certified conflict with the Second District Court of Appeal’s decision i…

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