State v. Hodges
| Citation | 616 So.2d 994 |
| Decision Date | 15 April 1993 |
| Docket Number | No. 79728,79728 |
| Parties | 18 Fla. L. Week. S255 STATE of Florida, Petitioner, v. Billy Joe HODGES, Respondent. |
| Court | United States State Supreme Court of Florida |
Application for Review of the Decision of the District Court of Appeal--Certified Great Public Importance, First District--Case No. 91-1569 (Duval County).
Robert A. Butterworth, Atty. Gen., James W. Rogers, Sr. Asst. Atty. Gen., Bureau Chief-Criminal Appeal, and Edward C. Hill, Jr., Asst. Atty. Gen., Tallahassee, for petitioner.
Nancy A. Daniels, Public Defender, and Carol Ann Turner, Asst. Public Defender, Tallahassee, for respondent.
We have for review Hodges v. State, 596 So.2d 481 (Fla. 1st DCA 1992), wherein the district court certified a question of great public importance. We have jurisdiction. Art. V, Sec. 3(b)(4), Fla. Const. We have since answered the question in State v. Rucker, 613 So.2d 460 (Fla.1993). 1 We quash Hodges and remand for proceedings consistent with Rucker.
It is so ordered.
1 We decline to address the second certified question in Hodges dealing with the constitutionality of the habitual offender statute. In his brief before this Court on this issue, Hodges argues exclusively, and for the first time, that the statute is unconstitutional as applied, primarily on racial grounds. Such a challenge requiring resolution of extensive factual matters cannot be raised for the first time on appeal. Trushin v. State, 425 So.2d 1126 (Fla.1982).
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London v. State, 92-2048
...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......
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Marshall v. State, 92-126
...Murphy v. State, 616 So.2d 1100 (Fla. 1st DCA1993); Hodges v. State, 596 So.2d 481 (Fla. 1st DCA1992), quashed on other grounds, 616 So.2d 994 (Fla.1993); Perkins v. State, 583 So.2d 1103 (Fla. 1st DCA1991), approved, 616 So.2d 9 (Fla.1993); Wilson v. State, 574 So.2d 1170, 1171 (Fla. 1st D......
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State v. Sun
...of a statute to a particular set of facts is another matter and must be raised at the trial level.”); see also State v. Hodges, 616 So.2d 994, 994 n. 1 (Fla.1993) (“Such a[n] [as-applied] challenge requiring resolution of extensive factual matters cannot be raised for the first time on appe......
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Hodges v. State, 91-1569
...v. Rucker, 613 So.2d 460 (Fla.1993); quashed our previous opinion; and remanded for proceedings consistent with Rucker. State v. Hodges, 616 So.2d 994 (Fla.1993). Accordingly, we vacate our previous opinion and substitute the Appellant seeks review of his sentence as an habitual violent fel......