Legal Opinion

Fernandez v. State

District Court of Appeal of Florida

Decided October 2, 1996No. 96-2522PublishedCited by 2 opinions

1Per curiam

Fernandez’s application for 3.850 relief was based on the contention that the fact that, upon the prosecutor’s recommendation, he was given a harsher sentence than an allegedly “similarly situated” female codefend-ant — both were parents with primary responsibility for their children — entitled him to relief under the equal protection clause of the Fourteenth Amendment of the United States Constitution. We agree that there is no merit to this claim. United States v. Redon-do-Lemos, 27 F.3d 439 (9th Cir.1994); Newman v. United States, 382 F.2d 479 (D.C.Cir.1967); State v. Venegas, 557 So.2d…

2Cases cited11 opinions

  1. Bordenkircher v. HayesSupreme Court of the United States · 1978
  2. United States v. ArmstrongSupreme Court of the United States · 1996
  3. Newman v. United StatesCourt of Appeals for the D.C. Circuit · 1967
  4. State v. TuckerOregon Supreme Court · 1993
  5. Foster v. StateSupreme Court of Florida · 1992

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3Cited by2 opinions

  1. Albelo v. StateDistrict Court of Appeal of Florida · 2003
  2. Masciarelli v. StateDistrict Court of Appeal of Florida · 2014

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