ROBERT REESE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that section 843.035, Florida Statutes (Supp. 1982), is unconstitutional because it violates the one-subject provision of the Florida Constitution.
Reese was charged with obstruction of justice under section 843.035, Florida Statutes. He moved to dismiss, arguing the statute violated the one-subje…
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SHAW, Justice.
We have before us by petition for review Reese v. State, 440 So. 2d 654 (Fla. 2d DCA 1983), which expressly declared constitutionally valid section 843.185 [renumbered section 843.035], Florida Statutes (Supp. 1982). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Reese was charged in Count IV of an information with obstruction of justice by giving false information in violation of the aforementioned statute. He moved to dismiss Count IV, arguing that chapter 82-150, Laws of Florida, which created section 843.185, violated the one-subject provision of article III, section 6 of the Florida Constitution. The motion was denied, and Reese pleaded nolo contendere to the charge under Count IV, reserving the right to appeal the trial court's denial of the motion.
The district court affirmed, following its resolution of the identical issue in State v. Bunnell, 447 So. 2d 228 (Fla. 2d DCA 1983). On petition for review of Bunnell, Bunnell v. State, 453 So. 2d 808 (Fla.1984), decided this day, we held that section 1 of chapter 82-150 does indeed violate the constitutional one-subject provision, rendering section 843.035 unconstitutional, and we quashed the district court decision in Bun-nell.
Accordingly, on the authority of this court’s decision in Bunnell v. State, we quash the district court decision and remand for proceedings consistent with this opinion.
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, ALDERMAN, McDONALD and EHRLICH, JJ., concur.
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Bentley v. State, 501 So. 2d 600 (Fla. 1987)…Wilson, we hold that the display of an unloaded firearm, without proof of readily available ammunition, invokes the three-year minimum mandatory sentence. In Watson v. State, 437 So. 2d 702 (Fla. 4th DCA 1983), approved in part, disapproved in part, 453 So. 2d 810 (Fla.1984), the court found that the legislature did not intend to require a finding that a handgun be operational in order to uphold a conviction of robbery with a firearm because of concerns about the perception of the victim. 437 So. 2d at 705. W…
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Powlowski v. State, 467 So. 2d 334 (Fla. 5th DCA 1985)…may eventually extend beyond the life of a prisoner. Mortality and life expectancy are irrelevant to limitations on the terms of incarceration set by the Legislature for criminal misconduct. [Footnote omitted]. Id. at 12. See also State v. Watson, 453 So. 2d 810 (Fla.1984); Harmon v. State, 438 So. 2d 369 (Fla.1983). Stangherlin next argues that the trial court erred when it retained jurisdiction for one half of the 300 year sentence pursuant to section 947.16(3), Florida Statutes (Supp.1982). She argues t…
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Meyer v. State, 498 So. 2d 554 (Fla. 4th DCA 1986)…sufficient circumstantial evidence to sustain the jury verdict that appellant committed the ¿offenses with the use of a firearm. See T.T. v. State, 459 So. 2d 471 (Fla. 1st DCA 1984) and Watson v. State, 437 So. 2d 702 (Fla. 4th DCA 1983), appv’d., 453 So. 2d 810 (Fla.1984). Finally, despite the severity of the sentences imposed by the trial court, the sentences did not exceed the maximum sentence authorized by law. Appellant was found guilty of twelve felony counts. Nine of the charges were punishable by t…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bunnell v. State, 453 So. 2d 808 (Fla. 1984)
- Saugstad v. Vicky's CAR City, Inc., 447 So. 2d 228 (Fla. 2d DCA 1983)
- State v. Bunnell, 447 So. 2d 228 (Fla. 2d DCA 1983)
- Reese v. State, 440 So. 2d 654 (Fla. 2d DCA 1983)