Percy Wilson, Jr. v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJuly 27, 2020
Docket1D19-4585
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-4585
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PERCY WILSON, JR.,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Duval County.
Linda F. McCallum, Judge.
July 27, 2020
PER CURIAM.
AFFIRMED. Cf. Rummel v. Estelle, 445 U.S. 263, 285 (1980)
(holding that mandatory life sentence imposed under recidivism
statute for obtaining $120.75 under false pretenses “does not
constitute cruel and unusual punishment under the Eighth and
Fourteenth Amendments”); Ewing v. California, 538 U.S. 11
(2003) (plurality opinion) (affirming judgment that sentence of 25
years to life in prison for felony grand theft under state’s three-
strikes law did not violate the Eighth Amendment’s prohibition
against cruel and unusual punishments); see Pleas v. State, 41 So.
3d 980, 981 (Fla. 1st DCA 2010) (“Florida Rule of Criminal
Procedure 3.800(a) cannot be used as a vehicle for challenging the
constitutionality of a sentencing statute.”).
ROWE, MAKAR, and TANENBAUM, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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William Mallory Kent of Kent & McFarland, Jacksonville, for
Appellant.
Ashley Moody, Attorney General, and Julian E. Markham,
Assistant Attorney General, Tallahassee, for Appellee.
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