Legal Opinion

Anderson v. State

District Court of Appeal of Florida

Decided April 6, 2005No. 4D03-1379Published

1Per curiam

Anderson, sentenced as a habitual offender and a prison releasee reoffender, claims that he had inadequate notice of the state’s intent to seek a habitual offender sentence. He also asserts the unconstitutionality of the Prison Releasee Reoffender Act and the habitual offender statute. We affirm.

Anderson was convicted of escape, battery on a law enforcement officer, resisting arrest with violence, and petit theft. Shortly after charges were filed, the state filed a notice of intent, pursuant to section 775.084, Florida Statutes, seeking to declare Anderson a habitual offender. The notice…

2Cases cited9 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Washington v. StateDistrict Court of Appeal of Florida · 2005
  3. Kijewski v. StateDistrict Court of Appeal of Florida · 2000
  4. Gordon v. StateDistrict Court of Appeal of Florida · 2001
  5. McDowell v. StateSupreme Court of Florida · 2001

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