Raulerson v. State, 90-3801
| Decision Date | 12 November 1991 |
| Docket Number | No. 90-3801,90-3801 |
| Citation | 589 So.2d 369 |
| Parties | James Monroe RAULERSON, Appellant, v. STATE of Florida, Appellee. 589 So.2d 369, 16 Fla. L. Week. D2889 |
| Court | Florida District Court of Appeals |
Nancy Daniels, Public Defender, and Glen Gifford, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Amelia Beisner, Asst. Atty. Gen., for appellee.
We affirm appellant's first issue without comment. The second issue, whether a sentence for committing a first-degree felony punishable by life may be enhanced under Section 775.084, Florida Statutes (1989), has been decided adversely to appellant in Burdick v. State, 584 So.2d 1035 (Fla. 1st DCA 1991) (en banc), petition for review filed, No. 78466 (Fla. Aug. 20, 1991). The third issue, whether the violent-felony provisions of section 775.084 violate the constitutional prohibitions against double jeopardy and ex post facto laws, has been decided adversely in Perkins v. State, 583 So.2d 1103 (Fla. 1st DCA 1991), petition for review filed, No. 78613 (Fla. Sept. 17, 1991).
AFFIRM.
I concur in affirmance on all issues. I concur on the third issue only because it was previously decided by this court in Perkins v. State, 583 So.2d 1103 (Fla. 1st DCA 1991), petition for review filed, No. 78613 (Fla. Sept. 17, 1991). Because I have serious concern that section 775.084(1)(b), Florida Statutes (1989), is facially unconstitutional, my concurrence is made with the same reservations discussed in my special concurring opinion in Hall v. State, 588 So.2d 1089 (Fla. 1st DCA 1991).
I agree to affirm on issues one and three. Regarding the issue of whether conviction of a first-degree felony punishable by life is subject to enhancement under the habitual-offender statute, I dissent for the same reasons stated in my dissent in Burdick v. State, 584 So.2d 1035 (Fla. 1st DCA 1991) (en banc), petition for review filed, No. 78466 (Fla. Aug. 20, 1991).
To continue reading
Request your trial
-
Hale v. State, 91-2905
...Tillman v. State, 586 So.2d 1269 (Fla. 1st DCA 1991) (certifying question), review pending, No. 78,715 (Fla.1991); Raulerson v. State, 589 So.2d 369 (Fla. 1st DCA 1991), jurisdiction accepted, 593 So.2d 1052 (Fla.1992), review pending, No. 79,051; Becker v. State, 592 So.2d 1266 (Fla. 1st D......
-
Allen v. State, 91-02898
...OFFENSE. Reeves v. State, 593 So.2d 232 (Fla. 1st DCA 1992); Becker v. State, 592 So.2d 1266 (Fla. 1st DCA 1992); Raulerson v. State, 589 So.2d 369, 370 (Fla. 1st DCA 1991), jurisdiction accepted, 593 So.2d 1052 (Fla.1992), review pending, No. 79,051; Tillman v. State, 586 So.2d 1269 (Fla. ......
-
Raulerson v. State
...593 So.2d 1052 Raulerson (James Monroe) v. State NO. 79,051 593 So.2d 1052 Supreme Court of Florida. Mar 02, 1992 Appeal From: 1st DCA 589 So.2d 369 Accepting ...
-
Raulerson v. State
...Chief and Amelia L. Beisner, Asst. Attys. Gen., Tallahassee, for respondent. OVERTON, Justice. We have for review Raulerson v. State, 589 So.2d 369 (Fla. 1st DCA 1991), in which the district court upheld the validity of the habitual offender statute, section 775.084(1)(b), Florida Statutes ......