JEAN HARRT CAZEAU, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court reversed a violent career criminal sentence and remanded for resentencing after determining that the statute authorizing the sentence violated the state constitution's single subject rule. The decision resolved a conflict between district courts of appeal on the validity of chapter 95-182, Laws of Florida.
The violent career criminal sentence under chapter 95-182 is unconstitutional as violative of the single subject rule. The case is remanded for resentencing in accordance with the valid laws in effect on September 5, 1996, when the defendant committed the underlying offense.
[1] A statute violating the single subject rule is unconstitutional.
[2] A defendant may raise a single subject rule challenge to a statute for the first time on appeal, even if not raised in the trial court.
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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 September 5, 1996”
The Court's holding regarding the unconstitutionality of the sentencing statute and the remedy of remand for resentencing under prior valid law.
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Join FLexlaw to unlock all legal intelligenceJean Harrt Cazeau committed an underlying offense on September 5, 1996, and received a violent career criminal sentence. The Third District Court of A…
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PER CURIAM.
We have for review Cazeau v. State, 740 So. 2d 1250 (Fla. 3d DCA 1999), in which the Third District Court of Appeal affirmed Jean Harrt Cazeau’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 Ca-zeau 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. 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 September 5, 1996, the date on which Cazeau committed the underlying offense 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 Cazeau 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). Further, even though Cazeau 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)
- Caison v. State, 695 So. 2d 872 (Fla. 3d DCA 1997)
- 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)
- Cazeau v. State, 740 So. 2d 1250 (Fla. 3d DCA 1999)