OSVALDO VALDES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1999-04-07
No. 97-2896
Before SCHWARTZ, C.J., and GODERICH and GREEN, JJ., SCHWARTZ, C.J., and GODERICH, J., concur.
728 So. 2d 1225 Florida District Court of Appeal, Third District (1999) Negative Treatment
Cited by 30 cases
Topics
Single Subject Requirement Unconstitutional Statute Constitutionality Of Statutes Sentencing Guidelines

Explore caselaw by topic → Browse Single Subject Requirement cases and more on FLexlaw

Opinion of the Court
PER CURIAM.

PER CURIAM.

There is no merit either in the defendant’s sole claim of trial error, see Watson v. State, 504 So. 2d 1267 (Fla. 1st DCA 1986), review denied, 506 So. 2d 1043 (Fla.1987); Gosney v. State, 382 So. 2d 838 (Fla. 5th DCA 1980), or in his challenge to the 1995 guidelines under which he was sentenced, based on a claim that Chapter 95-184, Laws of Florida, is unconstitutional. See Holloway v. State, 712 So. 2d 439 (Fla. 3d DCA 1998), review granted, 727 So. 2d 906 (Fla.1998); Higgs v. State, 695 So. 2d 872 (Fla. 3d DCA 1997). The latter holding is in conflict with Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA 1998), review granted, 717 So. 2d 538 (Fla.1998). See Heggs v. State, 718 So. 2d 263 (Fla. 2d DCA), review granted, 720 So. 2d 518 (Fla.1998).

Affirmed.

SCHWARTZ, C.J., and GODERICH, J., concur.

Concurrence
GREEN, J.

GREEN, J.

(specially concurring in part)

While I agree with the majority concerning the merits of this case, I write separately to address the appellant’s ensuing sentence made pursuant to the “Officer Evelyn Gort and all Fallen Officers Career 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, 708 So. 2d 315 (Fla. 2d DCA), review granted, 717 So. 2d 538 (Fla.1998).

Accordingly, I would prefer that this court: (1) recede from its opinion in Higgs v. State, 695 So. 2d 872 (Fla. 3d DCA 1997); and its progeny; 1 (2) adopt Thompson and its progeny;2 and (3) reverse the appellant’s sentence and remand for resentencing.

. See McGowan v. State, 725 So. 2d 470, 24 Fla.

L. Weekly D442 (Fla. 3d DCA 1999); Russell v. State, 725 So. 2d 1274, 24 Fla.

L. Weekly D442 (Fla. 3d DCA 1999); Waldo v. State, 24 Fla.

L. Weekly D395, 728 So. 2d 280 (Fla. 3d DCA 1999); Robbins v. State, 24 Fla.

L. Weekly D328, 730 So. 2d 313 (Fla. 3d DCA 1999); Gonzalez v. State, 724 So. 2d 1271 (Fla. 3d DCA 1999); John, 724 So. 2d at 708; Marshall v. State, 723 So. 2d 923 (Fla. 3d DCA 1999); English, 721 So. 2d at 1250; Spann v. State, 719 So. 2d 1031 (Fla. 3d DCA 1998); Tillman v. State, 718 So. 2d 944 (Fla. 3d DCA 1998); Cyrus v. State, 717 So. 2d 619 (Fla. 3d DCA 1998); Almanza v. State, 716 So. 2d 351 (Fla. 3d 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 (Fla. 2d DCA 1998); Taylor v. State, 709 So. 2d 641 (Fla. 2d DCA 1998); Jones v. State, 709 So. 2d 1385 (Fla. 2d DCA 1998); Morris v. State, 708 So. 2d 697 (Fla. 2d DCA 1998).

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (14 total)

  • Bortel v. State, 743 So. 2d 595 (Fla. 4th DCA 1999)
    …for the 1995 sentencing guidelines, Chapter 95-184, Laws of Florida, violated the single subject rule of Article III, Section 6, of the Florida Constitution. The trial court denied relief. The case relied upon by the circuit court, Valdes v. State, 728 So. 2d 1225 (Fla. 3d DCA 1999), rejected a constitutional challenge to the 1995 sentencing guidelines based on the single subject rule. Valdes acknowledged conflict with Heggs v. State, 718 So. 2d 263 (Fla. 2d DCA), rev. granted, 720 So. 2d 518 (Fla.1998), and…
  • Diaz v. State, 752 So. 2d 105 (Fla. 3d DCA 2000)
    …merly upheld the constitutionality of the 1995 sentencing guidelines. See Johnson v. State, 744 So. 2d 559 (Fla. 3d DCA 1999); Gonzalez v. State, 742 So. 2d 528 (Fla. 3d DCA 1999); Medina v. State, 743 So. 2d 116 (Fla. 3d DCA 1999); Valdes v. State, 728 So. 2d 1225 (Fla. 3d DCA 1999). Furthermore, we find that the date of the defendant’s offenses, November 1, 1996, falls within the window period to challenge Chapter 95-184 on the basis that it violates the single subject provision of the Florida Constitution…
  • LEE v. State, 739 So. 2d 1175 (Fla. 3d DCA 1999)
    …For this reason we decline to certify conflict with Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA), review granted, 717 So. 2d 538 (Fla.1998). Affirmed. * This court, has held that there was no single subject violation. See Valdes v. State, 728 So. 2d 1225 (Fla. 3d DCA 1999); Holloway v. State, 712 So. 2d 439 (Fla. 3d DCA), review granted, 727 So. 2d 906 (Fla.1998); Higgs v. State, 695 So. 2d 872, 873 (Fla. 3d DCA 1997). Contra Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA), review granted, 717 So. 2…

Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited (33 total)

View all 33 cited authorities →

Full citator, related cases, and AI research tools

Open in FLexlaw