Merriweather v. State

Full title: ARRICES MERRIWEATHER, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court: Supreme Court of Florida

Date published: Nov 25, 1992

609 So. 2d 1299 (Fla. 1992)

Opinion

No. 79572.

November 25, 1992.

Appeal from the Circuit Court, Duval County, R. Hudson Olliff, J.

Nancy A. Daniels, Public Defender, and David P. Gauldin, Asst. Public Defender, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen., and Charles T. Faircloth, Jr., Asst. Atty. Gen., Tallahassee, for respondent.

OVERTON, Justice.

We have for review Merriweather v. State, 593 So.2d 1218 (Fla. 1st DCA 1992), in which the district court affirmed Merriweather's sentencing as a habitual violent felony offender and certified the following question as being of great public importance:

WHETHER THE HABITUAL VIOLENT FELONY OFFENDER PROVISIONS OF SUBSECTION 775.084(1)(b), FLORIDA STATUTES (1989), VIOLATES CONSTITUTIONAL RIGHTS CONCERNING DUE PROCESS, DOUBLE JEOPARDY, OR EX POST FACTO LAWS.

Id. at 1218-19.¹

1 We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

We answer the question in the negative and approve the decision of the district court, in accordance with our decisions in Tillman v. State, 609 So.2d 1295 (Fla. 1992); Ross v. State, 601 So.2d 1190 (Fla. 1992); Reynolds v. Cochran, 138 So.2d 500 (Fla. 1962); Washington v. Mayo, 91 So.2d 621 (Fla. 1956); and Cross v. State, 96 Fla. 768, 119 So. 380 (1928).

It is so ordered.

McDONALD, SHAW, GRIMES and HARDING, JJ., concur.

KOGAN, J., dissents with an opinion, in which BARKETT, C.J., concurs.

KOGAN, Justice, dissenting.

I dissent on the basis of my dissenting opinion in Tillman v. State, 609 So.2d 1295 (Fla. 1992). The petitioner has only been convicted of one violent crime and therefore cannot be a habitual violent felony offender.

BARKETT, C.J., concurs.