BOOKER T. ELLIARD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm the defendant’s conviction finding no reversible error. Additionally, we affirm the defendant’s sentence as a violent career criminal, Higgs v. State, 695 So. 2d 872 (Fla. 3d DCA 1997), and certify conflict with the Second District’s opinion in Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA 1998), as we certified in Dupree v. State, 711 So. 2d 647 (Fla. 3d DCA 1998).
Affirmed; conflict certified.
SCHWARTZ, C.J., and GODERICH, J., concur.
GREEN, Judge
(specially concurring).
By virtue of this court’s decisions in Dupree v. State, 711 So. 2d 647 (Fla. 3d DCA 1998) and Higgs v. State, 695 So. 2d 872 (Fla. 3d DCA 1997), I am compelled to vote for an affirmance of the appellant’s enhanced sentence entered pursuant to the “Officer Evelyn Gort and All Fallen Officers Career Criminal Act of 1995”, chapter 95-182, Laws of Florida (“Gort Act”). However, for the reasons expressed by the second district in Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA 1998), review granted, No. 92-831, — So. 2d - (Fla. May 26, 1998), I am persuaded that the “Gort Act” is unconstitutional because it was enacted in violation of the single subject requirement of article III, section 6 of the Florida Constitution. I would therefore prefer to recede from Dupree and Higgs.
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Valdes v. State, 728 So. 2d 1225 (Fla. 3d DCA 1999)…er Criminal Act of 1995”, Chapter 95-192, Laws of Florida. As I have previously stated in my special concurring opinions in John v. State, 724 So. 2d 708 (Fla. 3d DCA 1999), English v. State, 721 So. 2d 1250 (Fla. 3d DCA 1998), and Elliard v. State, 714 So. 2d 1218 (Fla. 3d DCA 1998), I steadfastly believe that this act is unconstitutional because it violates the single subject requirement of article III, section 5 of the Florida Constitution; I am persuaded by the reasoning as outlined in Thompson v. State, 7…
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English v. State, 721 So. 2d 1250 (Fla. 3d DCA 1998)…[*1251] GREEN, J. (specially concurring). As I indicated in my special concurrence in Elliard v. State, 714 So. 2d 1218, 1218-19 (Fla. 3d DCA 1998), I believe that the “Officer Evelyn Gort and all Fallen Officers Career Criminal Act of 1995,” Chapter 95-192, Laws of Florida, is unconstitutional in that it is violative of the single subject requirement of article III,…
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Jones v. State, 747 So. 2d 982 (Fla. 3d DCA 1999)…rring opinions in Williams v. State, 731 So. 2d 99 (Fla. 3d DCA 1999); Valdes v. State, 728 So. 2d 1225 (Fla. 3d DCA 1999); John v. State, 724 So. 2d 708 (Fla. 3d DCA 1999); English v. State, 721 So. 2d 1250 (Fla. 3d DCA 1998); and Elliard v. State, 714 So. 2d 1218 (Fla. 3d DCA), review granted, 728 So. 2d 201 (Fla.1998), I believe that this act, as written, is unconstitutional because it violates the single subject requirement of article III, section 5 of the Florida Constitution for the reasons set forth in…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA 1998)
- Caison v. State, 695 So. 2d 872 (Fla. 3d DCA 1997)
- Melton v. State, 711 So. 2d 647 (Fla. 1st DCA 1998)