Supreme Court of Florida, 1992

Warren v. State

Supreme Court of Florida · Decided November 25, 1992 · Barkett, Grimes, Harding, Kogan, McDonald, Overton, Shaw

609 So. 2d 1300; 17 Fla. L. Weekly Supp. 719; 1992 Fla. LEXIS 1953; 1992 WL 348317 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Gudinas v. State (Fla. 2004)

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

OVERTON, Justice.

We have for review Warren v. State, 601 So.2d 1252 (Fla. 1st DCA 1992), in which the district court affirmed Warren’s sentence as a habitual violent felony offender and certified the following question as being of great public importance:

Is section 775.084(l)(b), the habitual violent felony offender statute, unconstitutional because: (1) it is inequitable and subject to arbitrary and capricious application in violation of article I, section 9 of the Florida Constitution and the 14th Amendment to the United States Constitution, and (2) it violates the constitutional prohibitions against double jeopardy?

Id. at 1253.1 We answer both portions of the question in the negative and approve the decision of the district court, in accordance with our decisions in Tillman v. State, 609 So.2d 1295 (Fla. 1992), and Ross v. State, 601 So.2d 1190 (Fla. 1992).

It is so ordered.

BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.

. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

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