DONALD MCCALL, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Florida Supreme Court quashed part of the district court's decision regarding the constitutionality of chapter 89-280 under the single subject requirement, but affirmed McCall's sentence because the prior conviction categories used to habitualize him were not altered by the challenged amendments.
Although chapter 89-280 violates the single subject requirement of the Florida Constitution, McCall's sentence is valid because none of the prior conviction categories under which he was habitualized were altered by the amendments.
[1] A statute that violates the single subject requirement of the Florida Constitution does not invalidate a sentence imposed under that statute if the prior conviction categ…
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Join FLexlaw to unlock all legal intelligenceMcCall was sentenced as a habitual felony offender under section 775.084, Florida Statutes (1989), based on prior convictions including delivery of co…
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OVERTON, Justice.
We have for review McCall v. State, 583 So. 2d 411 (Fla. 4th DCA 1991), in which the district court held that chapter 89-280, Laws of Florida,1 did not violate the constitutional single subject requirement of article III, section 6, of the Florida Constitution. We recently reached a contrary result in addressing that same issue in State v. Johnson, 616 So. 2d 1 (Fla.1993).2 In accordance with our decision in Johnson, we quash, in part, the district court’s decision in McCall. Nevertheless, we approve McCall’s sentence. As we noted in Johnson, the record in this case reflects that McCall was sentenced under section 775.084, Florida Statutes (1989), because of several prior felony convictions, including delivery of cocaine and grand theft. None of the prior conviction categories under which McCall was habitualized were altered by the amendments to section 775.084 contained in chapter 89-280. Consequently, we approve the result of the district court’s decision because McCall's sentence is not affected by our decision in Johnson. We decline to consider the remaining issues raised by McCall.
It is so ordered.
BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur. . Chapter 89-280 amended section 775.084, Florida Statutes (1989) (the habitual felony offender statute).
. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
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Citator
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Parker v. State, 767 So. 2d 532 (Fla. 5th DCA 2000)…State, 758 So. 2d 667 (Fla.2000). It appears also that Parker has sufficiently alleged that his sentence imposed under the 1995 guidelines could not have been imposed under the 1994 guidelines absent a departure. See Heggs; see also McCall v. State, 616 So. 2d 10 (Fla.1993); Johnson v. State, 627 So. 2d 114 (Fla. 1st DCA 1993). Specifically, he alleges that if he had been sentenced under the 1994 guidelines, he would have been sentenced to a maximum of 54 months. However, under the unconstitutional 1995 law,…
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Johnson v. State, 627 So. 2d 114 (Fla. 1st DCA 1993)…A 1992). From our review of Appellant’s record and the sentencing transcript, we find that Appellant met all of the prerequisites for habitual felony offender classification under section 775.084(1)(a), Florida Statutes (Supp.1988). McCall v. State, 616 So. 2d 10 (Fla.1993); Howard v. State, 615 So. 2d 229 (Fla. 1st DCA 1993). Further, we note that the constitutionality of the 1988 version of section 775.084 has been challenged on identical grounds in numerous prior decisions and has been upheld. See, e.g.,…
Authorities Cited
- State v. Johnson, 616 So. 2d 1 (Fla. 1993)
- Kemp v. State, 583 So. 2d 411 (Fla. 4th DCA 1991)