JOHN A. SHAW, III, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Peters v. State, 128 So. 3d 832 (Fla. 4th DCA 2013)
  …). Within this context, we recognize that “[i]t is within the legislature’s power to prohibit any act, determine the class of an offense, and prescribe punishment.” Iacovone v. State, 639 So. 2d 1108, 1109 (Fla. 2d DCA 1994) (citing State v. Bailey, 360 So. 2d 772, 773 [*851] (Fla.1978)). Moreover, nothing “in the Constitution ] require[s] a State to fix or impose any particular penalty for any crime it may define or to impose the same or ‘proportionate’ sentences for separate and independent crimes.” William…
• Iacovone v. State, 639 So. 2d 1108 (Fla. 2d DCA 1994)
  …a.Stat. (1991).2 Statutes are presumed to be constitutional. State v. Wilson, 464 So. 2d 667 (Fla. 2d DCA 1985). It is within the legislature’s power to prohibit any act, determine the class of an offense, and prescribe punishment. State v. Bailey, 360 So. 2d 772, 773 (Fla.1978). The test to be used in examining a statutory classification on equal protection grounds is whether the classification rests on a difference bearing a reasonable relation to the object of the legislation. Soverino v. State, 356 So. 2…
• Turner Street and David Street v. State, 383 So. 2d 900 (Fla. 1980)
  …statute fails to give sufficient warning as to what, conduct will render a person liable to prosecution for the felony created thereby as opposed to prosecution for ordinary battery. The statute, however, has a scienter requirement. State v. Bailey, 360 So. 2d 772 (Fla.1978). It requires that the accused know that his victim is a law enforcement officer or firefighter. Appellants argue that the phrase “engaged in the lawful performance of his duties” is vague and raise the question of whether a policeman who…

Authorities Cited

• MacMILLAN v. State, 358 So. 2d 547 (Fla. 1978)