LARRY J. ROBINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In this appeal of an order denying a motion for post-conviction relief, appellant argues his sentence as a violent career criminal must be overturned because chapter 95-182, Laws of Florida, is unconstitutional as violative of the Florida Constitution. Art. Ill, § 6, Fla. Const. We agree with the decisions of the Third District in Higgs v. State, 695 So. 2d 872 (Fla. 3d DCA 1997), and of the Fifth District in Hill v. State, No. 98-1068, — So. 2d -, 1999 WL 518732 (Fla. 5th DCA July 23, 1999). Accordingly, we find the appellant’s constitutional argument without merit, and affirm. See also Trapp v. State, 24 Fla. L. Weekly D1431, 736 So. 2d 736 (Fla. 1st DCA 1999). As was done in Higgs and Hill, we certify conflict with Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA), rev. granted, 717 So. 2d 538 (Fla.1998). We also find no merit to the second issue raised by appellant’s motion.
AFFIRMED.
KAHN and VAN NORTWICK, JJ., CONCUR. BENTON, J, CONCURS WITH WRITTEN OPINION.
BENTON, J.,
concurring.
I concur on the authority of Trapp v. State, 24 Fla. L. Weekly D1431, 736 So. 2d 736 (Fla. 1st DCA 1999).
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FOX v. State, 743 So. 2d 74 (Fla. 1st DCA 1999)…PER CURIAM. We affirm on the authority of Robinson v. State, 738 So. 2d 1019 (Fla. 1st DCA 1999), and certify conflict with Thompson [*75] v. State, 708 So. 2d 315 (Fla. 2d DCA), review granted, 717 So. 2d 538 (Fla.1998). BARFIELD, C.J., WEBSTER and BENTON, JJ., CONCUR.…
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Thomas v. State, 744 So. 2d 1121 (Fla. 1st DCA 1999)…We affirm but certify conflict with Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA), rev. granted, 717 So. 2d 538 (Fla.1998), on the issue of whether Chapter 95-182, Laws of Florida, violates the single subject requirement. See Robinson v. State, 738 So. 2d 1019 (Fla. 1st DCA 1999); Trapp v. State, 736 So. 2d 736 (Fla. 1st DCA 1999). BOOTH, ALLEN and PADOVANO, JJ., CONCUR.…
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Robinson v. State, 759 So. 2d 673 (Fla. 2000)…PER CURIAM. We have for review Robinson v. State, 738 So. 2d 1019 (Fla. 1st DCA 1999), in which the First District Court of Appeal affirmed Larry J. Robinson’s violent career criminal sentence and certified conflict with the Second District Court of Appeal’s decision in Thompson v. State, 708 So. 2d 315 (Fla. 2d D…
Authorities Cited
- Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA 1998)
- Caison v. State, 695 So. 2d 872 (Fla. 3d DCA 1997)
- Xzavier Trapp v. State, 736 So. 2d 736 (Fla. 1st DCA 1999)