Pittman v. State, 633 So. 2d 1125

PER CURIAM.

Appellant was sentenced as a habitual felony offender pursuant to section 775.084, Florida Statutes (1991). He appeals the denial of his challenge to the constitutionality of that statute on grounds that it is being discriminatorily applied to persons of the black race in the First Circuit. In support of the motion, he relies on statistical studies attached to his motion. One such study concluded that “black offenders are habitualized 1.76 times more frequently than similarly situated non-black offenders.” We affirm the trial court‘s ruling because Appellant “has offered nothing to suggest that the state attorney‘s office acted with purposeful discrimination” in seeking habitualization in his particular case. Foster v. State, 614 So.2d 455, 463 (Fla. 1992).

AFFIRMED.

ZEHMER, C.J., and JOANOS and WEBSTER, JJ., concur.

Case Details

Case Name: Pittman v. State

Court Name: District Court of Appeal of Florida

Date Published: Mar 7, 1994

Citations: 633 So. 2d 1125; 1994 WL 64946; 93-946

Docket Number: 93-946

Court Abbreviation: Fla. Dist. Ct. App.