PERCY LEE HOLLOWAY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court quashed the decision below and remanded for resentencing based on prior precedent.
The Third District Court of Appeal affirmed a violent career criminal sentence, certifying conflict with another district court's decision. The Suprem…
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PER CURIAM.
We have for review Holloway v. State, 712 So. 2d 439 (Fla. 3d DCA 1998), in which the Third District Court of Appeal affirmed Percy Lee Holloway’s violent career criminal sentence based on its prior decision in Higgs v. State, 695 So. 2d 872 (Fla. 3d DCA 1997). In so affirming, the Holloway Court certified conflict with the Second District Court of Appeal’s decision in Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA 1998). We have jurisdiction. See Art. V, § 3(b)(4), Fla. Const. For the reasons expressed in our decision in State v. Thompson, 750 So. 2d 643 (Fla.1999), we quash the decision below and remand for resentencing in accordance with the valid laws in effect on September 2, 1996, the date on which Holloway committed the underlying offense in this case.1
It is so ordered.
HARDING, C.J., and SHAW, ANSTEAD, PARIENTE and LEWIS, JJ„ concur. WELLS, J., dissents.
. We note that Holloway has standing to raise a single subject rule challenge to chapter 95-182, Laws of Florida, even assuming the window period for raising such a challenge closed on October 1, 1996, as determined by the Fourth District Court of Appeal in Salters v. State, 731 So. 2d 826, 826 (Fla. 4th DCA), review granted, 749 So. 2d 503 (Fla.1999).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Thompson, 750 So. 2d 643 (Fla. 1999)
- Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA 1998)
- Caison v. State, 695 So. 2d 872 (Fla. 3d DCA 1997)
- Salters v. State, 731 So. 2d 826 (Fla. 4th DCA 1999)
- Vining v. Segal, 731 So. 2d 826 (Fla. 3d DCA 1999)
- Robertson v. State, 712 So. 2d 439 (Fla. 3d DCA 1998)