DOUGLAS TUNSIL, III, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
DOUGLAS TUNSIL, III, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
929 So. 2d 665
Florida District Court of Appeal, Third District (2006)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Reese v. State, 899 So. 2d 428 (Fla. 3d DCA 2005) (confirming that infirmity in notice of intent to seek enhanced sentence must be raised in a timely Rule 3.850 motion); Tunsil v. State, 797 So. 2d 651, 653 (Fla. 3d DCA 2001)(re-manding for resentencing as expressly ordered and stating “[defendant need not be present” for same).
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State v. Adkins, 96 So. 3d 412 (Fla. 2012)…3.101, each of the district courts of appeal has ruled that the statute does not violate the requirements of due process. See Harris v. State, 932 So. 2d 551 (Fla. 1st DCA 2006); Burnette v. State, 901 So. 2d 925 (Fla. 2d DCA 2005); Taylor v. State, 929 So. 2d 665 (Fla. 3d DCA 2006); Wright v. State, 920 So. 2d 21 (Fla. 4th DCA 2005); Lanier v. State, 74 So. 3d 1130 (Fla. 5th DCA 2011). The United States District Court for the Middle District of Florida recently concluded, however, that section 893.13 is unc…
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Jasper Little v. State, 77 So. 3d 722 (Fla. 3d DCA 2011)
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State v. Washington, 114 So. 3d 182 (Fla. 3d DCA 2012)…ROTHENBERG, J. On May 17, 2006, this Court issued its opinion in Taylor v. State, 929 So. 2d 665 (Fla. 3d DCA 2006), review denied, 952 So. 2d 1191 (Fla.2007), rejecting Taylor’s facial constitutional challenge to section 893.13, Florida Statutes (2003), as amended by section 893.101, Florida Statutes (2003). Nearly five years later, the trial…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Carlton Tuggerson v. State, 899 So. 2d 428 (Fla. 5th DCA 2005)
- Tunsil v. State, 797 So. 2d 651 (Fla. 3d DCA 2001)
- Rogers v. State, 797 So. 2d 651 (Fla. 3d DCA 2001)