Bartley v. State

Appellant challenges his habitual offender sentence on the ground that the trial court erred in not granting appellant’s motion for an evidentiary hearing on the question of whether the habitual felony offender statute, section 775.084, Florida Statutes (1991), is applied in a racially disparate manner.

In Pittman v. State, 633 So.2d 1125 (Fla. 1st DCA 1994), rev. denied, 642 So.2d 747 (Fla.1994), this court affirmed a habitual felony offender sentence where the appellant had submitted statistical evidence which he alleged demonstrated that black defendants were more likely than white…