LORENZO DANIELS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Certified Question Of Great Public Importance cases and more on FLexlaw
ON MOTION FOR REHEARING AND/OR MOTION TO CERTIFY QUESTION OF GREAT PUBLIC IMPORTANCE
PER CURIAM.
We grant rehearing, withdraw the per curiam affirmance previously entered in this case, and substitute the following opinion in its place.
Appellant’s judgment of conviction and sentence are affirmed. The issues raised in this appeal challenging the constitutionality of the Criminal Punishment, Code have been addressed and rejected by this court. See Peterson v. State, 775 So. 2d 376 (Fla. 4th DCA 2000); Hall v. State, 767 So. 2d 560 (Fla. 4th DCA 2000); Kendrick v. State, 769 So. 2d 428 (Fla. 4th DCA 2000); Seward v. State, 768 So. 2d 1212 (Fla. 4th DCA 2000). As to the other issues raised in this appeal, we find them to be without merit.
We deny appellant’s motion to certify question of great public importance.
AFFIRMED.
GUNTHER, STONE and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Alonza W. Jacobs v. State, 785 So. 2d 713 (Fla. 4th DCA 2001)…PER CURIAM. AFFIRMED. See Gray v. State, 780 So. 2d 1042 (Fla. 4th DCA 2001)(rejecting claim that under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), habitual offender sentence is unconstitutional — “Apprendi does not apply to enhanced sentences based on prior conviction.”)…
-
Walker v. State, 790 So. 2d 1200 (Fla. 5th DCA 2001)…hat an habitual offender sentence is not subject to an Apprendi challenge. Jacobs v. State, 785 So. 2d 713 (Fla. 4th DCA 2001); Morant v. State, 785 So. 2d 665 (Fla. 3d DCA 2001); Simmons v. State, 782 So. 2d 1000 (Fla. 4th DCA 2001); Gray v. State, 780 So. 2d 1042 (Fla. 4th DCA 2001); Wright v. State, 780 So. 2d 216 (Fla. 5th DCA 2001). We affirm Walker’s sentence because it is not in excess of that which he lawfully could have received as an habitual offender. AFFIRMED. SHARP, W., J., concurs. ORFINGER,…
-
Perez v. Dept. of Corrections, 227 F. Supp. 2d 1298 (S.D. Fla. 2002)
Authorities Cited
- Peterson v. State, 775 So. 2d 376 (Fla. 4th DCA 2000)
- Artis J. Kelly v. State, 767 So. 2d 560 (Fla. 4th DCA 2000)
- Wester v. State, 767 So. 2d 560 (Fla. 4th DCA 2000)
- Hall v. State, 768 So. 2d 1212 (Fla. 4th DCA 2000)
- Kendrick v. State, 769 So. 2d 428 (Fla. 4th DCA 2000)