Merriweather v. State
| Decision Date | 25 February 1992 |
| Docket Number | No. 91-813,91-813 |
| Citation | 593 So.2d 1218 |
| Parties | 17 Fla. L. Weekly D598 Arrices MERRIWEATHER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Nancy A. Daniels, Public Defender, David P. Gauldin, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., Charles T. Faircloth, Jr., Asst. Atty. Gen., Tallahassee, for appellee.
Arrices Merriweather appeals his conviction and sentence as a habitual violent felony offender. We affirm.
Merriweather first argues the trial court abused its discretion by failing to remove a venireman for cause, thereby forcing defense counsel to exhaust his peremptory challenges. His position is not preserved because defense counsel did not expressly request additional peremptories, and he has not shown that a juror unacceptable to him served on the jury. Floyd v. State, 569 So.2d 1225, 1230 (Fla.1990). Merriweather's remaining challenges to the jury selection are without merit.
Merriweather next argues this court wrongly ruled the 1989 version of the habitual violent felony offender statute is constitutional in Perkins v. State, 583 So.2d 1103 (Fla. 1st DCA 1991). We follow Perkins and affirm on this issue.
However, the Florida Supreme Court accepted jurisdiction over Perkins on December 4, 1991. Perkins v. State, 590 So.2d 421 (Fla.1991). Therefore, we certify the following question to be of great public importance:
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Brazil v. State, 91-1796
...rejected by this court and by other district courts. See, e.g., Hodges v. State, 596 So.2d 481 (Fla. 1st DCA 1992); Merriweather v. State, 593 So.2d 1218 (Fla. 1st DCA 1992); Anderson v. State, 592 So.2d 1119 (Fla. 1st DCA 1991); Perkins v. State, 583 So.2d 1103 (Fla. 1st DCA), review grant......
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Fuller v. State, 90-2421
...Perkins v. State, 583 So.2d 1103 (Fla. 1st DCA 1991), petition for review filed, No. 78,613 (Fla. Sept. 17, 1991); Merriweather v. State, 593 So.2d 1218 (Fla. 1st DCA 1992), petition for review filed, No. 79,572 (Fla. Mar. 25, 1992); Garcia v. State, 594 So.2d 806 (Fla. 1st DCA 1992); Ander......
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Hodges v. State, 91-1569
...and rejected in the following decisions, among a great many others: Tillman v. State, 609 So.2d 1295 (Fla.1992); Merriweather v. State, 593 So.2d 1218 (Fla. 1st DCA), aff'd, 609 So.2d 1299 (Fla.1992); Pittman v. State, 570 So.2d 1045 (Fla. 1st DCA 1990), review denied, 581 So.2d 166 (Fla.19......
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Hodges v. State, 91-1569
...of Section 775.084 have been considered and rejected in the following decisions, among a great many others: Merriweather v. State, 593 So.2d 1218 (Fla. 1st DCA 1992); Anderson v. State, 592 So.2d 1119 (Fla. 1st DCA 1991); Perkins v. State, 583 So.2d 1103 (Fla. 1st DCA), review granted, 590 ......