Summary
approving on basis of Windom district court decision which recognizes that section 921.141 does not intrude upon this Court's rule-making authority
Summary of this case from Rhodes v. Secretary, Department of CorrectionsOpinion
No. 85074.
July 20, 1995.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, Fourth District — No. 93-2760, Broward County.
Carey Haughwout of Tierney Haughwout, West Palm Beach, for petitioner.
Carolyn V. McCann, Sp. Asst. Atty. Gen., Ft. Lauderdale, for respondent.
We have for review a district court decision presenting the following question certified to be of great public importance:
IS SECTION 921.141(7), FLORIDA STATUTES, ALLOWING VICTIM IMPACT EVIDENCE, UNCONSTITUTIONAL?State v. Maxwell, 647 So.2d 871, 873 (Fla. 4th DCA 1994). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
In accordance with our decision in Windom v. State, 656 So.2d 432 (Fla. 1995), we answer the question in the negative and approve the Fourth District's decision upholding the constitutionality of section 921.141(7), Florida Statutes (1993).
It is so ordered.
GRIMES, C.J., and OVERTON, SHAW, KOGAN and HARDING, JJ., concur.
ANSTEAD, J., recused.