RICARDO MONTANEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1992-12-15
No. 92-174
Before SCHWARTZ, C.J., and BARKDULL and LEVY, JJ.
616 So. 2d 58 Florida District Court of Appeal, Third District (1992) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed.

Other
PER CURIAM.

PER CURIAM.

The habitual offender sentences are vacated on the authority of State v. Johnson, 616 So. 2d 1 (Fla.1993). The judgment below is otherwise affirmed.


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  • …e appropriately in light of Appellant’s contention that there are circumstances that would preclude the Division from applying the statutory changes to Appellant’s permit application in this case. See generally Lavemia v. Dep’t of Prof'l Regulation, 616 So. 2d 58 (Fla. 1st DCA 1993) (explaining that the general rule is that “a change in the licen-sure statute that occurs during the pen-dency of an application for licensure is operative as to the application,” but recognizing that there are exceptions to this…
  • Montanez v. State, 746 So. 2d 1141 (Fla. 3d DCA 1999)
    …iminal Procedure 3.800(a). We affirm. Defendant was convicted of escape and sentenced as a habitual violent felony offender (“HVFO”).1 The HVFO adjudication was vacated on account of State v. Johnson, 616 So. 2d 1 (Fla.1993). See Montanez v. State, 616 So. 2d 58 (Fla. 3d DCA 1992) (on rehearing). The Johnson decision held the 1989 amendments to the HVFO statute unconstitutional on account of a violation of Florida’s single subject rule. On remand, the trial court in 1993, resentenced defendant as a habitual…

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