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Higgs v. State

District Court of Appeal of Florida, Third District
Jun 18, 1997
695 So. 2d 872 (Fla. Dist. Ct. App. 1997)

Summary

holding the "Gort" Act constitutional

Summary of this case from Spann v. State

Opinion

Case No. 96-2726

Opinion filed June 18, 1997.

An Appeal from the Circuit Court for Dade County, Leonard E. Glick, Judge.

Bennett H. Brummer, Public Defender, and Ivy Ginsberg Shanock, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.

Before LEVY, FLETCHER, and SHEVIN, JJ.


The appellant, who was convicted of strong-arm robbery and thereafter sentenced under the "Officer Evelyn Gort and All Fallen Officers Career Criminal Act of 1995", Chapter 95-182, Laws of Florida, now appeals claiming that the said Act is unconstitutional. Specifically, appellant contends that the Act violates the single subject rule of the Florida Constitution. Art. III, § 6, Fla. Const.

We disagree and specifically hold that there is a reasonable and rational relationship between each of the sections of the said Act. Accordingly, the appellant's conviction and sentence are, in all respects, affirmed.

Affirmed.


Summaries of

Higgs v. State

District Court of Appeal of Florida, Third District
Jun 18, 1997
695 So. 2d 872 (Fla. Dist. Ct. App. 1997)

holding the "Gort" Act constitutional

Summary of this case from Spann v. State

finding a chapter 95-182 constitutional

Summary of this case from Medina v. State

In Higgs v. State, 695 So.2d 872 (Fla.3d DCA 1997), the third district upheld the same chapter law as being not violative of the single-subject requirement.

Summary of this case from Trapp v. State
Case details for

Higgs v. State

Case Details

Full title:DWAYNE HIGGS, APPELLANT, vs. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jun 18, 1997

Citations

695 So. 2d 872 (Fla. Dist. Ct. App. 1997)

Citing Cases

Williams v. State

1. First, on the authority of Higgs v. State, 695 So.2d 872 (Fla. 3d DCA 1997), we again hold the Gort Act…

Valdes v. State

See Holloway v. State 712 So.2d 439 (Fla. 3d DCA 1998), review granted, (Fla. Case no. 93,437, October 12,…