McGowan v. State, 97-1446
| Decision Date | 17 February 1999 |
| Docket Number | No. 97-1446,97-1446 |
| Citation | 725 So.2d 470 |
| Parties | Ricky Cooper McGOWAN, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender, and Craig J. Trocino and Andrew Stanton, Assistant Pubic Defenders, for appellant.
Robert A. Butterworth, Attorney General, and Alison B. Cutler, Asisstant Attorney General, for appellee.
Before SCHWARTZ, C.J., and GERSTEN, and FLETCHER, JJ.
We affirm the defendant's conviction for unlawful possession of a firearm by a violent career criminal and reject, on the authority of Higgs v. State, 695 So.2d 872 (Fla. 3d DCA 1997), the defendant's constitutional challenge to his sentencing pursuant to the "Officer Evelyn Gort and all Fallen Officers Career Criminal Act of 1995," Chapter 95-192, Laws of Florida. As we have done a number of times, see e.g. English v. State, 721 So.2d 1250 (Fla. 3d DCA 1998); Spann v. State, 719 So.2d 1031 (Fla. 3d DCA 1998); Cyrus v. State, 717 So.2d 619 (Fla. 3d DCA 1998); Almanza v. State, 716 So.2d 351 (Fla. 3d DCA 1998), we certify conflict with Thompson v. State, 708 So.2d 315 (Fla. 2d DCA), review granted, 717 So.2d 538 (Fla.1998) on the "Gort" issue.
Affirmed; conflict certified.
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... ... 5. See Lee v. State, 739 So.2d 1175 (Fla. 3d DCA 1999); Williams, 731 So.2d at 99; Valdes, 728 So.2d at 1225; McGowan v. State, 725 So.2d 470 (Fla. 3d DCA 1999); Russell v. State, 725 So.2d 1274 (Fla. 3d DCA 1999); Waldo v. State, 728 So.2d 280 (Fla. 3d DCA 1999); ... ...
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