Florida District Courts of Appeal, 1985

Morgan v. Brescher

Florida District Courts of Appeal · Decided April 10, 1985 · Anstead, Downey, Walden

466 So. 2d 1218; 10 Fla. L. Weekly 916; 1985 Fla. App. LEXIS 13384 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Sanchez v. State (Fla. Dist. Ct. App. 1994)
Martin v. State (Fla. Dist. Ct. App. 1988)
Kendry v. State (Fla. Dist. Ct. App. 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We affirm and in so doing reject appellants’ claim that the minimum mandatory sentences provided for in the drug trafficking statute, section 893.135, Florida Statutes (1983), violate the federal constitutional ban on cruel and unusual punishments as construed in Solem v. Helm, 463 U.S. 277, 103 S.Ct. 3001, 77 L.Ed.2d 637 (1983). Also see State v. Benitez, 395 So.2d 514 (Fla. 1981) and Carmona v. Ward, 576 F.2d 405 (2d Cir. 1978), cert. denied 439 U.S. 1091, 99 S.Ct. 874, 59 L.Ed.2d 58 (1979).

ANSTEAD, C.J., and DOWNEY and WALDEN, JJ., concur.

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