5D00-1512 Lavender v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D00-1512

Case Date: 08/20/2001

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2001

DARYL L. LAVENDER, Appellant, v. Case No. 5D00-1512 STATE OF FLORIDA, Appellee. / Opinion filed August 24, 2001 Appeal from the Circuit Court for St. Johns County, Richard Weinberg, Judge. James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Robert E. Bodnar, Jr., Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We affirm on the authority of Westerheide v. State, 767 So. 2d 637 (Fla. 5th DCA 2000), rev. granted, 786 So. 2d 1192 (Fla. 2001) and certify the same questions to be of great public importance: 1) DOES THE JIMMY RYCE ACT VIOLATE THE EX POST FACTO CLAUSES OF THE UNITED STATES AND FLORIDA CONSTITUTIONS? 2) DOES THE JIMMY RYCE ACT VIOLATE THE DOUBLE JEOPARDY CLAUSES OF THE UNTIED STATES AND FLORIDA CONSTITUTIONS?

3) DOES THE JIMMY RYCE ACT VIOLATE THE DUE PROCESS CLAUSES OF THE UNITED STATES AND FLORIDA CONSTITUTIONS? 4) DOES THE JIMMY RYCE ACT VIOLATE THE EQUAL PROTECTION CLAUSES OF THE UNTIED STATES AND FLORIDA CONSTITUTIONS?

AFFIRMED; QUESTIONS CERTIFIED.

THOMPSON, C.J., COBB and PETERSON, J.J., concur.

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