District Court of Appeal of Florida

Sentences for trafficking in oxycodone, possession of hydrocodone, and obtaining or attempting to obtain a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge are affirmed over claims that the mandatory minimum sentencing framework in Florida Statutes section 893.135(1)(c)(1)(c) violates the cruel and unusual punishments clause of the Eighth Amendment to the U.S. Constitution and the cruel or unusual punishment clause in a former version the Florida Constitution.

Appellate Information

• Decided 12/06/2006
• Published 12/06/2006

Judges

• WALLACE, Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Eli D. Stutsman, pro hac vice, Portland, OR (withdrew after briefing);  John P. Flannery, II, pro hac vice, of Campbell Miller Zimmerman, Leesburg, VA (substituted as counsel of record);  and Robert W. Attridge, Jr., of Attridge, Cohen, Lucas, Jefferis, Green & Magee, New Port Richey, for Appellant.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, and John M. Klawikofsky and Elba Caridad Martin, Assistant Attorneys General, Tampa, for Appellee.