Legal Opinion

Hale v. State

District Court of Appeal of Florida

Decided June 9, 1992No. 91-2905PublishedCited by 3 opinions

1Opinion of the Court

KAHN, Judge.

Appellant challenges his sentence on the grounds that (1) the habitual offender and habitual violent felony offender statutes violate due process, equal protection and double jeopardy, and (2) the imposition of two 25 year habitual violent felony offender sentences, each with a mandatory minimum sentence of 10 years to run consecutively for the sale and possession of cocaine, constitutes cruel or unusual punishment under Article I, Section 17 of the Florida Constitution. We affirm the sentence.

This court has rejected appellant’s constitutional challenges to the habitual offender…

2Cases cited20 opinions

  1. Solem v. HelmSupreme Court of the United States · 1983
  2. Harmelin v. MichiganSupreme Court of the United States · 1991
  3. Rummel v. EstelleSupreme Court of the United States · 1980
  4. Hutto v. DavisSupreme Court of the United States · 1982
  5. Barber v. StateDistrict Court of Appeal of Florida · 1990

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3Cited by3 opinions

  1. Hale v. StateSupreme Court of Florida · 1993
  2. Hopson v. StateMississippi Supreme Court · 1993
  3. Williams v. StateDistrict Court of Appeal of Florida · 1992

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