JAMES BERNARD MONROE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1974-12-11
No. 45998
ADKINS, C. J., and ROBERTS, ERVIN and OVERTON, JJ., concur., DEKLE, J., dissents.
305 So. 2d 203 Florida Supreme Court (1974) Caution
Cited by 18 cases

Opinion of the Court

Certiorari denied. 298 So. 2d 231.

ADKINS, C. J., and ROBERTS, ERVIN and OVERTON, JJ., concur. DEKLE, J., dissents.


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Cited By

  • Sowell v. State, 342 So. 2d 969 (Fla. 1977)
    …when attacked on grounds of due process, equal protection, or separation of power theories. O’Donnell v. State, 326 So. 2d 4 (Fla.1975); Owens v. State, 316 So. 2d 537 (Fla.1975); Owens v. State, 300 So. 2d 70 (Fla. 1st DCA 1974), appeal dismissed, 305 So. 2d 203 (Fla.1974), and Dorminey v. State, 314 So. 2d 134 (Fla. 1975). We do not find the mandatory three-year sentence provision to be cruel or unusual. Accordingly, we hold that Section 775.-087(2), Florida Statutes, is constitutional, and the appellant’…
  • Owens v. State, 316 So. 2d 537 (Fla. 1975)
    …affirmed. ADKINS, C. J., and ROBERTS, BOYD, McCAIN and OVERTON, TL, concur. . Fla.Const. art. V, § 3(b)(1) (1972). . The same result on the same legal question was reached in Owens v. State, 300 So. 2d 70 (1st Dist.Ct.App.Fla.), appeal dismissed, 305 So. 2d 203 (Fla.1974), involving another individual whose trial resulted in conviction for the same offense. . We recently upheld the constitutionality of minimum prison time, as expressed in Section 775.082(1), against an identical separation of powers attac…
    1 / 2
  • Kelly v. State, 795 So. 2d 135 (Fla. 5th DCA 2001)
    …be sustained when attacked on grounds of due process, equal protection, or separation of power theories.” Sowell v. State, 342 So. 2d 969, 969 (Fla.1977) (citing O’Donnell; Owens; Owens v. State, 300 So. 2d 70 (Fla. 1st DCA 1974), appeal dismissed, 305 So. 2d 203 (Fla.1974); Dorminey v. State, 314 So. 2d 134 (Fla.1975)); see also Lightbourne v. State, 438 So. 2d 380, 385 (Fla.1983), cert. denied, 465 U.S. 1051, 104 S.Ct. [*139] 1330, 79 L.Ed.2d 725 (1984); Scott v. State, 369 So. 2d 330, 332 (Fla.1979). We d…

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