CURTIS LEE MCCRAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*160] PER CURIAM.
The appellant challenges a habitual violent felony offender sentence, asserting that chapter 89-280, Laws of Florida, violates the single subject requirement of article III, section 6, Florida Constitution. We found chapter 89-280 to be unconstitutional on this basis in Johnson v. State, 589 So. 2d 1370 (Fla. 1st DCA 1991), juris, accepted, Nos. 79,150 and 79,204 (Fla. May 19, 1992). In accordance with Johnson and Claybourne v. State, 600 So. 2d 516 (Fla. 1st DCA 1992), petition for review filed, No. 80,157 (Fla. July 10, 1992), we therefore vacate the sentence and remand for resentencing. However, we acknowledge conflict with decisions such as State v. Sheppard, 612 So. 2d 584 (Fla. 2d DCA 1992); Beaubrum v. State, 595 So. 2d 254 (Fla. 3d DCA 1992) juris, accepted, 605 So. 2d 1262 (Fla.1992); and McCall v. State, 583 So. 2d 411 (Fla. 4th DCA 1991), juris, accepted, 593 So. 2d 1052 (Fla.1992). We also certify the same question of great public importance as was certified in Johnson and Claybourne.
ALLEN, WOLF and WEBSTER, JJ., concur.
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Citator
Cited By
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State v. McCRAY, 626 So. 2d 654 (Fla. 1993)…PER CURIAM. We have for review McCray v. State, 609 So. 2d 159 (Fla. 1st DCA 1992), in which the district court certified a question of great public importance. Art. V, § 3(b)(4), Fla. Const. We answered the certified question in State v. Johnson, 616 So. 2d 1 (Fla.1993). On the authority of Johnson, we approve…
Authorities Cited
- Johnson v. State, 589 So. 2d 1370 (Fla. 1st DCA 1991)
- Kemp v. State, 583 So. 2d 411 (Fla. 4th DCA 1991)
- Claybourne v. State, 600 So. 2d 516 (Fla. 1st DCA 1992)
- Beaubrum v. State, 595 So. 2d 254 (Fla. 3d DCA 1992)
- Rudd SOD Co. & Executive Risk Consultants, Inc. v. Reeves, 595 So. 2d 254 (Fla. 1st DCA 1992)
- State v. Sheppard, 612 So. 2d 584 (Fla. 2d DCA 1992)