Opinion
No. 1D19-4585
07-27-2020
Percy WILSON, Jr., Appellant, v. STATE of Florida, Appellee.
William Mallory Kent of Kent & McFarland, Jacksonville, for Appellant. Ashley Moody, Attorney General, and Julian E. Markham, Assistant Attorney General, Tallahassee, for Appellee.
William Mallory Kent of Kent & McFarland, Jacksonville, for Appellant.
Ashley Moody, Attorney General, and Julian E. Markham, Assistant Attorney General, Tallahassee, for Appellee.
Per Curiam.
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.").
Rowe, Makar, and Tanenbaum, JJ., concur.