BOOKER T. ELLIARD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court quashed the Third District Court of Appeal's affirmance of Booker T. Elliard's violent career criminal sentence and remanded for resentencing under the valid laws in effect when he committed his offense on February 28, 1996, following the Court's decision in State v. Thompson regarding statutory validity.
The Court quashed the lower court's decision and remanded for resentencing in accordance with the valid laws in effect on February 28, 1996, when Elliard committed the underlying offense, following the Court's prior decision in State v. Thompson establishing the proper standard.
[1] A sentence imposed under a statute later found to violate the single subject rule may be challenged for the first time on appeal.
[2] A defendant may challenge the constitutionality of a statute under the single subject rule even if the statutory window for raising such a challenge has closed.
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Join FLexlaw to unlock all legal intelligence“we quash the decision below and remand for resentencing in accordance with the valid laws in effect on February 28, 1996, the date on which Elliard committed the underlying offense in this case”
The Court's holding establishing that resentencing must occur under the laws valid at the time of the offense, not the laws applied at sentencing.
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Join FLexlaw to unlock all legal intelligenceBooker T. Elliard committed an underlying offense on February 28, 1996, and received a violent career criminal sentence. The Third District Court of A…
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PER CURIAM.
We have for review Elliard v. State, 714 So. 2d 1218 (Fla. 3d DCA 1998), in which the Third District Court of Appeal affirmed Booker T. Elliard’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 Elli-ard 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), we quash the decision below and remand for resentencing in accordance with the valid laws in effect on February 28, 1996, the date on which Elli-ard 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 Elliard 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 Elliard 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)
- 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)
- Booker T. Elliard v. State, 714 So. 2d 1218 (Fla. 3d DCA 1998)