HENRY WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1999-01-20
No. 97-04516
PARKER, C.J., and DANAHY, PAUL W., (Senior) Judge, Concur.
740 So. 2d 3 Florida District Court of Appeal, Second District (1999) Positive Treatment
Cited by 1 case

Opinion of the Court
PATTERSON, Judge.

PATTERSON, Judge.

Henry Williams appeals from his sentence as a violent career criminal for an offense occurring on November 27, 1996. In Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA), review granted, 717 So. 2d 538 (Fla.1998), this court held that chapter 95-182, Laws of Florida, which created violent career criminal sentencing, is unconstitutional as a violation of the single subject rule. Thus, based on Thompson, we reverse Williams’ violent career criminal sentence and remand for resentencing in accordance with the valid laws in effect at the time of Williams’ sentencing on October 1,1997.

Reversed and remanded.

PARKER, C.J., and DANAHY, PAUL W., (Senior) Judge, Concur.


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  • Marese Barnes v. State, 779 So. 2d 366 (Fla. 2d DCA 2000)
    …nstituted ineffective assistance of counsel. Had appellate counsel raised the issue, this court would have remanded for resentencing in accordance with the valid laws in effect on the date Barnes committed his offenses. See, e.g., Williams v. State, 740 So. 2d 3 (Fla. 2d DCA 1999)(re-versing violent career criminal sentence based on Thompson and remanding for resentencing). This court therefore will not require Barnes to file a new appeal. Instead, we grant relief in accordance with this order. Petition gr…

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