Williams v. Spears

The question presented is whether section 903.0471, Florida Statutes (2001) is constitutional. We conclude that it is, and deny the petition for writ of habeas corpus.

I

In September 2001, defendant-petitioner Marion Williams was charged with possession of cocaine with the intent to sell it (“the first case”). The arrest affidavit indicates that police officers observed the defendant engaged in a hand-to-hand drug transaction. The arresting officers recovered twenty-one crack cocaine rocks. Defendant was released to pretrial services in lieu of bond.

In January of 2002, defendant was arrested…