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Spann v. State

District Court of Appeal of Florida, Third District
Nov 4, 1998
719 So. 2d 1031 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-2498.

November 4, 1998.

An appeal from the Circuit Court of Dade County; Arthur Maginnis, Judge.

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Wendy Benner-Leon, Assistant Attorney General, for appellee.

Before COPE, LEVY and FLETCHER, JJ.


We affirm the defendant's conviction, see Buchanan v. State, 575 So.2d 704 (Fla. 3d DCA 1991) (although the trial court denied defendant's motion to suppress identification, the issue was not preserved because defendant failed to object during trial prior to admission of the identification evidence), and deny the defendant's challenge to his sentencing pursuant to the "Gort" Act, ch. 95-182, Laws of Florida, which he contends is unconstitutional as held by the Second District Court of Appeal in Thompson v. State, 708 So.2d 315 (Fla. 2d DCA), rev. granted, 717 So.2d 538 (Fla. 1998). As we did in Holloway v. State, 712 So.2d 439 (Fla. 3d DCA 1998), we affirm the sentence under the controlling authority of Higgs v. State, 695 So.2d 872 (Fla. 3d DCA 1997) (holding the "Gort" Act constitutional), and certify conflict with Thompson v. State.

Affirmed.


Summaries of

Spann v. State

District Court of Appeal of Florida, Third District
Nov 4, 1998
719 So. 2d 1031 (Fla. Dist. Ct. App. 1998)
Case details for

Spann v. State

Case Details

Full title:Gilbert Edward SPANN, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Nov 4, 1998

Citations

719 So. 2d 1031 (Fla. Dist. Ct. App. 1998)

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