SHAWN SEAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SHAWN SEAY, APPELLANT,
STATE OF FLORIDA, APPELLEE
728 So. 2d 1181
Florida District Court of Appeal, Second District (1999)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Shawn Seay challenges his conviction and sentence as a career criminal for an offense occurring on January 6,1996. We affirm the conviction and reverse for resentencing pursuant to Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA 1998).
In Thompson, this court held that chapter 95-182, Laws of Florida, which created career criminal sentencing, is unconstitutional because it violates the single subject rule. Accordingly, based on Thompson, we reverse Seay’s violent career criminal sentence and remand for resentencing. Our resolution of this matter makes it unnecessary to address the other sentencing issues.
Affirmed in part, reversed in part, and remanded.
ALTENBERND, AC.J., and GREEN and SALCINES, JJ., Concur.
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Citator
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Valdes v. State, 728 So. 2d 1225 (Fla. 3d DCA 1999)…d DCA 1998); Elliard, 714 So. 2d at 1218; Holloway v. State, 712 So. 2d 439 (Fla. 3d DCA 1998); Dupree v. State, 711 So. 2d 647 (Fla. 3d DCA 1998); Linder v. State, 711 So. 2d 1340 (Fla. 3d DCA 1998). . See Seay v. State, 24 Fla. L. Weekly D382, 728 So. 2d 1181 (Fla. 2d DCA 1999); Williams v. State, 24 Fla. L. Weekly D255, - So. 2d -, 1999 WL 17662 (Fla. 2d DCA Jan. 20, 1999); Heggs v. State, 718 So. 2d 263 (Fla. 2d DCA 1998); Pugh v. State, 717 So. 2d 635 (Fla. 2d DCA 1998); Davis v. State, 709 So. 2d 641…
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Leveritt v. State, 817 So. 2d 891 (Fla. 1st DCA 2002)…reasonable doubt. See Goodwin v. State, 751 So. 2d 537, 541 (Fla.1999).5 . Of course, a valid presumption instruction does not impermissibly shift the burden of proof. See Register v. State, 582 So. 2d 762 (Fla. 1st DCA 1991); Lamontague v. State, 728 So. 2d 1181 (Fla. 5th DCA 1999). . Under federal law, a failure to object does not necessarily preclude appellate review of an issue involving a change in the law during pendency of the appeal. See U.S. v. Novey, 922 F. 2d 624, 629 (10th Cir.1991) As the Novey…
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State v. Seay, 758 So. 2d 93 (Fla. 2000)…PER CURIAM. We have for review Seay v. State, 728 So. 2d 1181 (Fla. 2d DCA 1999), in which the Second District Court of Appeal relied on its prior decision in Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA 1998), to reverse Shawn Seay’s violent career criminal sentence.1 The Seay court’s decision expressly and…
Authorities Cited
- Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA 1998)