Roger v. State

Full title: RENE ANTONIO ROGER, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Feb 16, 2000

749 So. 2d 1275 (Fla. Dist. Ct. App. 2000)

Opinion

No. 3D99-857.

Opinion filed February 16, 2000.

An Appeal conducted pursuant to Anders v. California, 386 U.S. 738 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) from the Circuit Court for Dade County, Stanford Blake, Judge, L.T. NO. 98-12716.

Rene Roger, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before SCHWARTZ, C.J., and GODERICH and FLETCHER, JJ.

PER CURIAM.

There is no merit in any of the claims of trial or sentencing error suggested by counsel or raised by the appellant individually. Any reliance on Thompson v. State, 750 So.2d 643 (Fla. Case no. 92,831, opinion filed, December 22, 1999), which held the Gort Act, under which Roger was sentenced, unconstitutional, is unavailing because his offense was committed on April 17, 1998, after the legislature "revalidated" the statute. Lee v. State, 739 So.2d 1175 (Fla. 3d DCA 1999).

Affirmed.