GARY L. ROBBINS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court quashed a violent career criminal sentence imposed under chapter 95-182, Laws of Florida, finding that statute unconstitutional under the single subject rule as established in State v. Thompson. The case was remanded for resentencing under the valid laws in effect when the defendant committed the offense.
The Court held that chapter 95-182, Laws of Florida is unconstitutional as violative of the single subject rule, quashed the lower court's decision, and remanded for resentencing under the valid laws in effect on February 12, 1996. The Court also held that a single subject rule challenge may be properly raised for the first time on appeal in this context.
[1] A defendant has standing to challenge a statute as violative of the single subject rule if the criminal offense occurred within the period of October 1, 1995, through May…
[2] A single subject rule challenge to a statute may be raised 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 February 12, 1996, the date on which Robbins committed the underlying offense in this case.”
Establishes the core holding that the statute is unconstitutional and resentencing is required under prior law.
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Join FLexlaw to unlock all legal intelligenceGary L. Robbins committed the underlying offense on February 12, 1996, and was sentenced as a violent career criminal under chapter 95-182, Laws of Fl…
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PER CURIAM.
We have for review Robbins v. State, 730 So. 2d 313 (Fla. 3d DCA 1999), in which the Third District Court of Appeal affirmed Gary L. Robbins’ violent career criminal sentence 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 February 12, 1996, the date on which Robbins 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 Robbins 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 Robbins 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, 241-42 (Fla.1999), cert. denied, - U.S. -, 120 S.Ct. 950, - L.Ed.2d -(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)
- Robbins v. State, 730 So. 2d 313 (Fla. 3d DCA 1999)