Legal Opinion

Crawley v. State

District Court of Appeal of Florida

Decided April 3, 1991No. 90-0330PublishedCited by 2 opinions

1Per curiam

We conclude that appellant’s attacks on the constitutionality of the habitual offender statute are without merit and affirm.

We reject appellant’s first argument. Mitchell v. State, 575 So.2d 798 (Fla. 4th DCA 1991).

We also reject appellant’s contention that section 775.084(l)(a)(3-4), Florida Statutes (Supp.1988), violates the due process clause because it allows consideration of patently unconstitutional convictions in determining whether the defendant has the requisite number of prior convictions. Although this issue had been directly addressed by this court in Broderick v. State, 564 So.2d…

2Cases cited4 opinions

  1. Eutsey v. StateSupreme Court of Florida · 1980
  2. King v. StateDistrict Court of Appeal of Florida · 1990
  3. Mitchell v. StateDistrict Court of Appeal of Florida · 1991
  4. Broderick v. StateDistrict Court of Appeal of Florida · 1990

3Cited by2 opinions

  1. Moore v. StateDistrict Court of Appeal of Florida · 1993
  2. Robinson v. StateDistrict Court of Appeal of Florida · 1993

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