Florida District Courts of Appeal, 1992

Seabrook v. State

Florida District Courts of Appeal · Decided November 18, 1992 · Smith, Wigginton, Wolf

608 So. 2d 560; 1992 Fla. App. LEXIS 12256; 1992 WL 341995 (Southern Reporter, Second Series)

Opinion of the Court

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.

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