JOHNNY FOSTER, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the habitual violent felony offender sentence imposed on the arson conviction must be reversed because it was based on amendments to a statute that violated the single subject rule.
Johnny Foster, Jr. was convicted of arson and violation of probation. The trial court sentenced him as a habitual violent felony offender based on a p…
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BLUE, Judge.
Johnny Foster, Jr., appeals the judgments and sentences imposed for the offense of arson and for violation of probation. We affirm the judgments in both cases and the sentence imposed for the violation of probation. We reverse the habitual violent felony offender sentence imposed on the arson case because it falls within the parameters of the holding in State v. Johnson, 616 So. 2d 1 (Fla.1993).
In Johnson, the Florida Supreme Court held that the 1989 amendments to section 775.084, Florida Statutes, violate the single subject rule of article III, section 6, of the Florida Constitution. 616 So. 2d at 4. However, resentencing is required only for defendants who committed an offense between October 1, 1989, and May 2,1991, and whose sentence was affected by the amendments in chapter 89-280. Among other things, the amendment added aggravated battery to the list of offenses which subject a defendant to treatment as a habitual offender. Foster’s arson charge occurred on March 6, 1991, placing him within the time frame affected by the 1989 amendments. In sentencing Foster as a habitual violent felony offender, the trial judge relied on a previous conviction for aggravated battery. Foster clearly falls under Johnson and is entitled to a new sentencing hearing.
Accordingly, we reverse Foster’s habitual violent felony offender sentence and remand for resentencing. Upon remand, the state will have the opportunity to prove that Foster otherwise meets the requirements of the statute. See Frazier v. State, 595 So. 2d 131 (Fla. 2d DCA1992).
RYDER, A.C.J., and PARKER, J., concur.
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F.B. v. State, 644 So. 2d 176 (Fla. 3d DCA 1994)…PER CURIAM. Affirmed. R.J.A. v. Foster, 603 So. 2d 1167 (Fla.1992); B.V. v. State, 624 So. 2d 386 (Fla. 2d DCA 1993); J.T. v. State, 601 So. 2d 283 (Fla. 3d DCA 1992).…
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Brock v. State, 645 So. 2d 1022 (Fla. 2d DCA 1994)…t for violent offender status.” Goggins, 623 So. 2d at 591-592. Accordingly, resentencing is required. On remand, however, the state shall have the opportunity to establish that Brock otherwise meets the requirements of the statute. Foster v. State, 624 So. 2d 386 (Fla. 2d DCA 1993). Affirmed in part, reversed in part, and remanded for resentencing. FRANK, C.J., and PARKER and LAZZARA, JJ., concur. . As to count five, the trial court was correct in sentencing Brock to life in prison with the requirement th…
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Rose v. State, 705 So. 2d 958 (Fla. 2d DCA 1998)…nson only to those habitual offenders whose sentences were imposed pursuant to section 775.084(1)(b)1, Florida Statutes (1989), pertaining to habitual violent felony offenders. See Brock v. State, 645 So. 2d 1022 (Fla. 2d DCA 1994); Foster v. State, 624 So. 2d 386 (Fla. 2d DCA 1993). [*959] The transcript of the sentencing proceeding appended to the order under review, as well as the judgment and sentencing documents appended to the order which was the subject of Rose, 698 So. 2d 380, confirm that Rose has be…
Authorities Cited
- State v. Johnson, 616 So. 2d 1 (Fla. 1993)
- Frazier v. State, 595 So. 2d 131 (Fla. 2d DCA 1992)