DANNY EDWARD CHAISON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the habitual violent felony offender sentences were illegal because the statute under which they were imposed, chapter 89-280, Laws of Florida, violates the single-subject rule of the Florida Constitution.
Appellant was sentenced under the habitual violent felony offender statute, chapter 89-280, Laws of Florida, which amended section 775.084(l)(b), Flor…
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PER CURIAM.
This cause is before us on appeal from judgments and sentences. Appellant raises five issues, but we need only discuss his contention that his habitual violent felony offender sentences are illegal. This court has previously held that chapter 89-280, Laws of Florida, which amended inter alia section 775.084(l)(b), Florida Statutes, the habitual violent felony offender provision under which appellant was sentenced, violates the single-subject rule of the Florida Constitution.1 Johnson v. State, 589 So. 2d 1370, 1371 (Fla. 1st DCA 1991). Appellant’s failure to raise this issue in the trial court does not prevent him from raising the issue here. Claybourne v. State, 600 So. 2d 516, 517 (Fla. 1st DCA 1992).
Appellant committed the offenses for which he was sentenced between the October 1, 1989 effective date of the 1989 amendments, and May 2, 1991, the date the amendments were reenacted as part of the Florida Statutes. Our review of the record indicates that appellant did not qualify for habitual violent felony offender sentencing under the 1988 version of the habitual violent felony offender statute. We must therefore reverse. As in Johnson and Clayboume, however, we certify the following question to the Supreme Court as one of great public importance:
WHETHER THE CHAPTER 89-280 AMENDMENTS TO SECTION 775.084, FLORIDA STATUTES, WERE UNCONSTITUTIONAL PRIOR TO THEIR REENACTMENT OF THE FLORIDA STATUTES, BECAUSE IN VIOLATION OF THE SINGLE-SUBJECT RULE OF THE FLORIDA CONSTITUTION.
BOOTH, SHIVERS and WEBSTER, JJ., concur. . Art. III, § 6, Fla.Const.
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Marblee Seabrook v. State, 629 So. 2d 129 (Fla. 1993)…PER CURIAM. We have for review Seabrook v. State, 608 So. 2d 560 (Fla. 1st DCA 1992), in which the district court affirmed Seabrook’s sentencing as a habitual felony offender pursuant to section 775.084, Florida Statutes (1989). The district court of appeal certified the following question as being of great publi…
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London v. State, 623 So. 2d 527 (Fla. 1st DCA 1993)…KAHN, Judge. Appellant, in his motions for rehearing and certification, requests that this court certify as a question of great public importance the following question certified in Seabrook v. State, 608 So. 2d 560 (Fla. 1st DCA 1992), and Porter v. State, 609 So. 2d 640 (Fla. 1st DCA 1992): DOES SECTION 775.084, FLORIDA STATUTES (1989), DENY EITHER DUE PROCESS OR EQUAL PROTECTION OF LAW UNDER EITHER THE FLORIDA OR THE UNITED STATES CONSTITUTION; OR VIOLATE T…
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Baker v. State, 635 So. 2d 994 (Fla. 1st DCA 1994)…statute is unconstitutionally inequitable, irrational, vague, and subject to arbitrary and capricious application; provides no due process; and violates the principle of separation of powers. These arguments are without merit. See Seabrook v. State, 608 So. 2d 560 (Fla. 1st DCA 1992), approved 629 So. 2d 129 (Fla.1993); Porter v. State, 609 So. 2d 640 (Fla. 1st DCA 1992), approved, 629 So. 2d 834 (Fla.1993). We therefore affirm the habitual felony offender sentences imposed herein. With regard to the sentenc…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Johnson v. State, 589 So. 2d 1370 (Fla. 1st DCA 1991)
- Claybourne v. State, 600 So. 2d 516 (Fla. 1st DCA 1992)