ISAIAH PERKINS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Florida Supreme Court reversed and remanded for resentencing because the habitual violent felony offender statute amendment violated the single subject provision of the Florida Constitution, despite upholding the constitutional validity of the sentencing enhancement itself.
A habitual violent felony offender sentence imposed under an amendment to section 775.084 must be vacated and the case remanded for resentencing because the amendment violated the single subject provision of the Florida Constitution.
[1] A statutory amendment to the habitual violent felony offender statute that violates the single subject provision of the Florida Constitution renders a sentence imposed th…
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Join FLexlaw to unlock all legal intelligencePerkins was sentenced as a habitual violent felony offender under an amendment to section 775.084 contained in chapter 89-280, Laws of Florida.…
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OVERTON, Justice.
We have for review Perkins v. State, 583 So. 2d 1103 (Fla. 1st DCA1991), in which the district court held that Perkins’ sentence as a habitual violent felony offender under section 775.084, Florida Statutes (1989), did not violate constitutional due process requirements, the protection against double jeopardy, or the constitutional prohibition against ex post facto laws.1 We recently approved a similar holding in Tillman v. State, 609 So. 2d 1295 (Fla.1992). Consequently, we approve the district court’s holding in this case.
Nevertheless, based on our decision in State v. Johnson, 616 So. 2d 1 (Fla.1993), we must remand this cause for resentencing. The record reflects that Perkins was sentenced as a habitual violent felony offender under an amendment to section 775.-084 contained in chapter 89-280, Laws of Florida. In Johnson, we determined that chapter 89-280 violated the single subject provision of article III, section 6, of the Florida Constitution. As such, Perkins’ sentence as a habitual violent felony offender is unconstitutional. Accordingly, we remand this cause for resentencing in accordance with our decision in Johnson.
It is so ordered.
MCDONALD, SHAW, GRIMES and HARDING, JJ., concur. BARKETT, C.J., and KOGAN, J., concur in result only.
. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
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Citator
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London v. State, 623 So. 2d 527 (Fla. 1st DCA 1993)…on of powers; certified question), quashed on other grounds, 616 So. 2d 994 (Fla.1993) (court declined to address certified question on constitutionality of habitual offender statute); Perkins v. State, 583 So. 2d 1103 (Fla. 1st DCA 1991), approved, 616 So. 2d 9 (Fla.1993) (due process and other grounds); Wilson v. State, 574 So. 2d 1170, 1171 (Fla. 1st DCA) (due process, equal protection and separation of powers), rev. denied, 583 So. 2d 1038 (Fla.1991); Smith v. State, 567 So. 2d 55 (Fla. 2d DCA 1990) (du…
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Lavon D. Jackson v. State, 729 So. 2d 947 (Fla. 1st DCA 1998)…entencing statute”). The only punishment imposed on Jackson pursuant to this statute is for the current offense, which took place after the effective date of section 790.235. Cf. Perkins v. State, 583 So. 2d 1103, 1105 (Fla. 1st DCA 1991), approved, 616 So. 2d 9 (Fla.1993)(rejecting ex post facto challenge to habitual violent felony offender sentencing “[bjecause appellant’s enhanced punishment is an incident of his current offense ...”). The goal of this provision was not to increase the punishment for the…
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Reinhardt Alexander Stubbs v. State, 673 So. 2d 964 (Fla. 1st DCA 1996)…lude aggravated battery as a valid qualifying offense for classification as an habitual violent felon before appellant committed the robbery for which he was being sentenced. See Perkins v. State, 583 So. 2d 1103, 1105 (Fla. 1st DCA 1991), approved, 616 So. 2d 9 (Fla.1993). We believe the Johnson ruling is concerned only with offenses committed during the single subject “window period” for which sentence is to be pronounced, not with prior offenses which led to the defendant’s classification as an habitual…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Johnson, 616 So. 2d 1 (Fla. 1993)
- Michael André Funchess v. State, 609 So. 2d 1295 (Fla. 1992)
- Isaiah Perkins v. State, 583 So. 2d 1103 (Fla. 1st DCA 1991)