London v. State, No. 92-2048

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM; KAHN
Citation623 So.2d 527
Parties18 Fla. L. Weekly D1840 Gregory LONDON, Appellant, v. STATE of Florida, Appellee.
Docket NumberNo. 92-2048
Decision Date24 June 1993

Page 527

623 So.2d 527
18 Fla. L. Weekly D1840
Gregory LONDON, Appellant,
v.
STATE of Florida, Appellee.
No. 92-2048.
District Court of Appeal of Florida,
First District.
June 24, 1993.
Opinion Denying Certification and Rehearing Aug. 16, 1993.

Nancy A. Daniels, Public Defender; Carl S. McGinnes, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., Gypsy Bailey, Asst. Atty. Gen., for appellee.

PER CURIAM.

Affirmed.

SMITH, KAHN and WEBSTER, JJ., concur.

ON MOTION FOR REHEARING AND MOTION FOR CERTIFICATION

KAHN, Judge.

Appellant, in his motions for rehearing and certification, requests that this court certify as a question of great public importance the following question certified in Seabrook v. State, 608 So.2d 560 (Fla. 1st DCA 1992), and Porter v. State, 609 So.2d 640 (Fla. 1st DCA 1992):

DOES SECTION 775.084, FLORIDA STATUTES (1989), DENY EITHER DUE PROCESS OR EQUAL PROTECTION OF LAW UNDER EITHER THE FLORIDA OR THE UNITED STATES CONSTITUTION; OR VIOLATE THE DOCTRINE OF SEPARATION OF POWERS AS SET FORTH IN THE FLORIDA CONSTITUTION?

Appellant states that the Florida Supreme Court has set oral argument on the constitutionality of the habitual felony offender statute.

We decline to certify the question as one of great public importance. Appellant has presented the same or substantially similar, due process, equal protection and separation of powers challenges to the habitual offender statute which have been rejected numerous times. Merriweather v. State, 609 So.2d 1299 (Fla.1992) (due process); Tillman v. State, 609 So.2d 1295 (Fla.1992) (due process); Ross v. State, 601 So.2d 1190 (Fla.1992) (due process); Turcotte v. State, 617 So.2d 1164 (Fla. 5th DCA 1993) (separation of powers); Murphy v. State, 616 So.2d 1100 (Fla. 1st DCA 1993) (due process, equal protection and separation of powers); Brazil v. State, 604 So.2d 915 (Fla. 1st DCA 1992) (due process, equal protection, separation of powers; certified question); Hodges v. State, 596

Page 528

So.2d 481 (Fla. 1st DCA 1992) (due process, equal protection, separation of powers; certified question), quashed on other grounds, 616 So.2d 994 (Fla.1993) (court declined to address certified question on constitutionality of habitual offender statute); Perkins v. State, 583 So.2d 1103 (Fla. 1st DCA 1991), approved, 616 So.2d 9 (Fla.1993) (due process and other grounds); Wilson v. State, 574 So.2d 1170, 1171 (Fla. 1st DCA) (due process, equal protection and separation of...

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21 practice notes
  • Rollinson v. State, No. 98-0631.
    • United States
    • Florida District Court of Appeals
    • September 29, 1999
    ...of judicial discretion supports a finding that the statute does not violate the separation of powers clause. See London v. State, 623 So.2d 527, 528 (Fla. 1st DCA 1993) (referring to habitual offender V SUBSTANTIVE DUE PROCESS Rollinson contends that the Act violates his substantive due pro......
  • Woods v. State, No. 98-1955.
    • United States
    • Court of Appeal of Florida (US)
    • March 26, 1999
    ...the final discretion to impose sentence, it does not infringe upon the constitutional division of responsibilities'"); London v. State, 623 So.2d 527, 528 (Fla. 1st DCA 1993) (rejecting a separation of powers challenge to the habitual felony offender statute "[b]ecause the trial court retai......
  • Kirk v. State, No. 94-2089
    • United States
    • Court of Appeal of Florida (US)
    • December 1, 1995
    ...in a postconviction motion. See, Turcotte v. State, 617 So.2d 1164 (Fla. 5th DCA 1993). 2 The opinion of the court in London v. State, 623 So.2d 527 (Fla. 1st DCA), rev. den., 630 So.2d 1100 (Fla.1993), contains a complete list of the cases presenting constitutional challenges to the habitu......
  • State v. Meyers, No. 97-941
    • United States
    • Court of Appeal of Florida (US)
    • April 8, 1998
    ...for the protection of the public, the separation of powers doctrine is not violated by the mandatory sentence. See London v. State, 623 So.2d 527, 528 (Fla. 1st DCA To clarify, when the state attorney pursues a violent career criminal sanction against a defendant, the trial court has two Pa......
  • Request a trial to view additional results
21 cases
  • Rollinson v. State, No. 98-0631.
    • United States
    • Florida District Court of Appeals
    • September 29, 1999
    ...of judicial discretion supports a finding that the statute does not violate the separation of powers clause. See London v. State, 623 So.2d 527, 528 (Fla. 1st DCA 1993) (referring to habitual offender V SUBSTANTIVE DUE PROCESS Rollinson contends that the Act violates his substantive due pro......
  • Woods v. State, No. 98-1955.
    • United States
    • Court of Appeal of Florida (US)
    • March 26, 1999
    ...the final discretion to impose sentence, it does not infringe upon the constitutional division of responsibilities'"); London v. State, 623 So.2d 527, 528 (Fla. 1st DCA 1993) (rejecting a separation of powers challenge to the habitual felony offender statute "[b]ecause the trial court retai......
  • Kirk v. State, No. 94-2089
    • United States
    • Court of Appeal of Florida (US)
    • December 1, 1995
    ...in a postconviction motion. See, Turcotte v. State, 617 So.2d 1164 (Fla. 5th DCA 1993). 2 The opinion of the court in London v. State, 623 So.2d 527 (Fla. 1st DCA), rev. den., 630 So.2d 1100 (Fla.1993), contains a complete list of the cases presenting constitutional challenges to the habitu......
  • State v. Meyers, No. 97-941
    • United States
    • Court of Appeal of Florida (US)
    • April 8, 1998
    ...for the protection of the public, the separation of powers doctrine is not violated by the mandatory sentence. See London v. State, 623 So.2d 527, 528 (Fla. 1st DCA To clarify, when the state attorney pursues a violent career criminal sanction against a defendant, the trial court has two Pa......
  • Request a trial to view additional results

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