WILSON v. STATE (2020)

District Court of Appeal of Florida, First District.

Percy WILSON, Jr., Appellant, v. STATE of Florida, Appellee.

No. 1D19-4585

Decided: July 27, 2020

William Mallory Kent of Kent & McFarland, Jacksonville, for Appellant. Ashley Moody, Attorney General, and Julian E. Markham, Assistant Attorney General, Tallahassee, for Appellee.

Affirmed. Cf. Rummel v. Estelle, 445 U.S. 263, 285, 100 S.Ct. 1133, 63 L.Ed.2d 382 (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, 123 S.Ct. 1179, 155 L.Ed.2d 108 (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.”).

Per Curiam.

Rowe, Makar, and Tanenbaum, JJ., concur.

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