Legal Opinion

Bynes v. State

District Court of Appeal of Florida

Decided September 24, 2003No. 4D02-1119PublishedCited by 7 opinions

1Opinion of the Court

ON MOTION FOR REHEARING

STONE, J.

We deny Bynes’ motion for rehearing. However, we withdraw the opinion issued July 30, 2003, and substitute the following:

Bynes was sentenced as a violent career criminal to concurrent terms of forty years for the offenses of fleeing and eluding and aggravated assault on a law enforcement officer and to fifteen years for resisting arrest with violence and grand theft.

On appeal, he asserts that the violent career criminal statute is unconstitutional as applied because his prior felony convictions for burglary of an unoccupied conveyance were not violent crimes.…

2Cases cited5 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. State v. SaiezSupreme Court of Florida · 1986
  3. Shapiro v. StateDistrict Court of Appeal of Florida · 1997
  4. Rodriguez v. StateDistrict Court of Appeal of Florida · 2002
  5. Delsol v. StateDistrict Court of Appeal of Florida · 2002

3Cited by7 opinions

  1. WILLIAM E. BYNES v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019
  2. State v. BynesDistrict Court of Appeal of Florida · 2013
  3. Adams v. StateDistrict Court of Appeal of Florida · 2004
  4. State v. Jodi D.Supreme Court of Connecticut · 2021
  5. MICHAEL JOSEPH EDMONDSON v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2021

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