ISAAC HILL, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court quashed a Fifth District Court of Appeal decision affirming Isaac Hill's violent career criminal sentences because the statute imposing those sentences violated the single subject rule of the Florida Constitution. The Court remanded for resentencing under the valid laws in effect when Hill committed his offenses.
Chapter 95-182, Laws of Florida, is unconstitutional as violative of the single subject rule. Hill's sentences are quashed and the case is remanded for resentencing in accordance with the valid laws in effect on July 8, 1996, when Hill committed his offenses.
[1] A defendant has standing to challenge a statute on single subject rule grounds if the relevant criminal offense occurred within the statutorily defined window period.
[2] The window period for challenging the violent career criminal sentencing provision enacted by chapter 95-182, Laws of Florida, extends from October 1, 1995, through May 2…
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Join FLexlaw to unlock all legal intelligence“Based on our decision in State v. Thompson, 750 So. 2d 643 (Fla. 1999), in which we held unconstitutional chapter 95-182, Laws of Florida, as violative of the single subject rule, we quash the decision below and remand for resentencing in accordance with the valid laws in effect on July 8, 1996”
Establishes the Court's holding that the statute is unconstitutional and requires resentencing under prior valid law.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIsaac Hill committed underlying offenses on July 8, 1996, for which he received violent career criminal sentences. The Fifth District Court of Appeal …
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PER CURIAM.
We have for review Hill v. State, 740 So. 2d 581 (Fla. 5th DCA 1999), in which the Fifth District Court of Appeal affirmed Isaac Hill’s violent career criminal sentences and 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. Based on our decision in State v. Thompson, 750 So. 2d 643 (Fla. 1999), in which we held unconstitutional chapter 95-182, Laws of Florida, as violative of the single subject rule, we quash the decision below and remand for resentencing in accordance with the valid laws in effect on July 8, 1996, the date on which Hill committed the underlying offenses in this case.1 See Thompson, 750 So. 2d at 649 (remanding for resentencing in accordance with the valid laws in effect at the time the defendant committed her offenses).
It is so ordered.
HARDING, C.J., and SHAW, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. WELLS, J., dissents.
. We note that Hill has standing to raise a single subject rule challenge to chapter 95-182, Laws ol 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). Further, even though Hill failed to raise a single subject rule challenge in the trial court. we find that such challenge may be properly addressed in this case for the first time on appeal. Cf. Heggs v. State, 25 Fla. L. Weekly S137, S138, S140 n. 4, - So. 2d -, -, - n.4, 2000 WL 178052 (Fla. Feb. 17, 2000); Nelson v. State, 748 So. 2d 237, 239-241 (Fla. 1999), cert. denied, - U.S. -, 120 S.Ct. 950, 145 L.Ed.2d 825 (2000); State v. Johnson, 616 So. 2d 1, 3-4 (Fla.1993).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Johnson, 616 So. 2d 1 (Fla. 1993)
- State v. Thompson, 750 So. 2d 643 (Fla. 1999)
- Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA 1998)
- Nelson v. State, 748 So. 2d 237 (Fla. 1999)
- Salters v. State, 731 So. 2d 826 (Fla. 4th DCA 1999)
- Vining v. Segal, 731 So. 2d 826 (Fla. 3d DCA 1999)
- Hill v. State, 740 So. 2d 581 (Fla. 5th DCA 1999)