Marshall v. State

Full title: ANTHONY MARSHALL, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jan 13, 1999

723 So. 2d 923 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-3027

Opinion filed January 13, 1999 JANUARY TERM 1999

An Appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Dade County, Marc Schumacher, Judge, L.T. No. 96-4696.

Anthony Marshall, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before SCHWARTZ, C.J., and GODERICH and FLETCHER, JJ.

PER CURIAM.

That portion of the order below denying Rule 3.850 relief which upholds the constitutionality of the "Gort Act" is affirmed on the authority of Spann v. State, 719 So.2d 1031 (Fla. 3d DCA 1998); Elliard v. State, 714 So.2d 1218 (Fla. 3d DCA 1998); Holloway v. State, 712 So.2d 439 (Fla. 3d DCA 1998), and Higgs v. State, 695 So.2d 872 (Fla. 3d DCA 1997). Contra Thompson v. State, 708 So.2d 315 (Fla. 2d DCA 1998), review granted, 717 So.2d 538 (Fla. 1998). None of the other issues raised by the defendant merit reversal or discussion.

Affirmed.