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Robbins v. StateRobbins v. State

District Court of Appeal of Florida
Feb 3, 1999
97-3043
Versions:730 So. 2d 313
1999 WL 44184

PER CURIAM.

The appellant‘s failure to object following a three-week delay in trial, occasioned by his quarantine in jail due to a case of chicken pox, precludes him from complaining about the delay for the first time on appeal. See Carmichael v. State, 715 So.2d 247 (Fla. 1998). Moreover, there is no evidence that the appellant suffered any prejudice as a result of the continuance. Further, we deny the appellant‘s challenge to his sentence pursuant to the “Gort” Act, ch. 95-182, Laws of Florida, contending the Act violates the single subject rule of the Florida Constitution. See Higgs v. State, 695 So.2d 872 (Fla. 3d DCA 1997); but see Thompson v. State, 708 So.2d 315 (Fla. 2d DCA) (holding that the “Gort” Act does violate the single subject rule) rev. granted, 717 So.2d 538 (Fla.1998). We certify conflict with Thompson, 708 So.2d at 315. The appellant‘s remaining points are without merit.

Affirmed.

Case Details

Case Name: Robbins v. State
Court Name: District Court of Appeal of Florida
Date Published: Feb 3, 1999
Citations: 730 So. 2d 313; 1999 WL 44184; 97-3043
Docket Number: 97-3043
Court Abbreviation: Fla. Dist. Ct. App.
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