HAROLD HOLLEY, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Grant v. State, 770 So. 2d 655 (Fla. 2000)
  …State, 752 So. 2d 64, 66 (Fla. 1st DCA 2000)(rejecting ex post facto argument where Act applied to criminal conduct which occurred after the effective date of the Act), review granted, No. SC0CM16, 767 So. 2d 454 (Fla. May 23, 2000); Gray v. State, 742 So. 2d 805, 806 (Fla. 5th DCA 1999) (upholding the constitutionality of the Act and agreeing with the Fourth District’s ex post facto analysis in Plain v. State, 720 So. 2d 585 (Fla. 4th DCA 1998)), review granted, 751 So. 2d 1252 (Fla.2000); Plain v. State, 7…
• State v. Cotton, 769 So. 2d 345 (Fla. 2000)
  …5th DCA 1999)(slating that "[m]ore recently enacted "three-strikes” laws in California have been held constitutional only if interpreted to allow the court to strike or dismiss allegations of prior convictions on its own motion”) and Gray v. State, 742 So. 2d 805 (Fla. 5th DCA 1999)(same). However, because that decision dealt with the retained discretion of the trial court to dismiss sentencing allegations (under an established provision of California’s penal code), rather than with the trial court’s oversig…
• Grant v. State, 745 So. 2d 519 (Fla. 2d DCA 1999)
  …an unconstitutional ex post facto law in that it allows for retroactive application to include offenders who were released from prison prior to its effective date. This argument has been rejected by the Fifth and Fourth Districts. See Gray v. State, 742 So. 2d 805 (Fla. 5th DCA 1999); Plain v. State, 720 So. 2d 585, 586 (Fla. 4th DCA 1998), review denied, 727 So. 2d 909 (Fla.1999). The Fourth District provided this rationale: In this case, the Act increases the penalty for a crime committed after the Act, ba…