Seabrook v. State, 91-939

• Decision Date: 18 November 1992
• Docket Number: No. 91-939,91-939
• Citation: 608 So.2d 560
• Parties: 17 Fla. L. Week. D2613 Marblee SEABROOK, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 560

608 So.2d 560

17 Fla. L. Week. D2613

Marblee SEABROOK, Appellant, v. STATE of Florida, Appellee.

No. 91-939.

District Court of Appeal of Florida,

First

District.

Nov. 18, 1992.

Rehearing Denied Dec. 14, 1992.

Appeal from the Circuit Court for Levy County; James Tomlinson, Judge.

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

Robert A. Butterworth, Atty. Gen., James W. Rogers, Sr. Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Appellant was sentenced as an habitual felony offender. We affirm. However, as we did in Hodges v. State, 596 So.2d 481 (Fla. 1st DCA 1992), we certify the following question to the supreme court as one of great public importance:

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?

SMITH, WIGGINTON and WOLF, JJ., concur.