RICKY COOPER MCGOWAN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court reversed McGowan's conviction for unlawful possession of a firearm by a violent career criminal, holding that the statutory provision under which he was charged violated the Florida Constitution's single subject rule.
Chapter 95-182, Laws of Florida, is unconstitutional as violative of the single subject rule. Accordingly, McGowan's conviction under the statute created by that chapter must be reversed.
[1] A conviction based on a statute found to violate the single subject rule of the Florida Constitution must be reversed.
[2] A defendant has standing to challenge a statute under the single subject rule if the underlying offense occurred before the statute was reenacted.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“we quash the decision below, reverse McGowan's conviction, and remand to the trial court for any further proceedings not inconsistent with this opinion”
The Court's holding reversing the conviction based on the unconstitutional statute.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRicky Cooper McGowan was convicted of unlawful possession of a firearm by a violent career criminal under section 790.235, Florida Statutes, which was…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Single Subject Rule cases and more on FLexlaw
PER CURIAM.
We have for review McGowan, v. State, 725 So. 2d 470 (Fla. 3d DCA 1999), in which the Third District Court of Appeal affirmed Ricky Cooper McGowan’s conviction for unlawful possession of a firearm by a violent career criminal 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 contained in article III, section 6 of the Florida Constitution,1 we quash the decision below, reverse McGowan’s conviction, and remand to the trial court for any further proceedings not inconsistent with this opinion.2
It is so ordered.
HARDING, C.J., and SHAW, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. WELLS, J., dissents.
. Through the passage of chapter 95-182, Laws of Florida, the Legislature created the possession of a firearm offense for which McGowan was convicted. See Ch. 95-182, § 7, at 1673 (creating section 790.235, Florida StaLutes). McGowan committed the underlying offense in this case on December 11, 1995, well before the Legislature reenacted section 790.235. See Ch. 96-388, 45, at 2336, Laws of Fla. (reenacting section 790.235, Florida Statutes, effective October 1, 1996). Accordingly, McGowan has standing to raise a single subject rule challenge to chapter 95-182, even assuming the window period for. raising such a challenge closed on October 1, 1996, and we therefore need not address here whether chapter 96-388, Laws of Florida, itself violates the single subject rule.
. Even though McGowan failed to raise a single subject rule challenge to chapter 95-182, Laws of Florida, 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, 239-40 (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
Cited By
-
Levan v. State, 759 So. 2d 683 (Fla. 2000)…ject rule contained in article III, section 6 of the Florida Constitution, we quash the decision below, reverse Le-van’s conviction,2 and remand to the trial court for any further proceedings not inconsistent with this opinion. See McGowan v. State, 755 So. 2d 109 (Fla.2000). It is so ordered. HARDING, C.J., and SHAW, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. WELLS, J., dissents. . The Third District did not indicate that Le-van failed to challenge chapter 95-182, Laws of Florida, in the trial cou…
-
Fine v. State, 760 So. 2d 1068 (Fla. 5th DCA 2000)…COBB, J. The defendant’s sentence as a violent career criminal is reversed in accordance with the decisions in Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA 1998), approved, 750 So. 2d 643 (Fla. 1999), McGowan v. State, 755 So. 2d 109 (Fla.2000) and Salters v. State, 758 So. 2d 667 (Fla.2000). SENTENCE REVERSED; CAUSE REMANDED FOR RESENTENCING. DAUKSCH and W. SHARP, JJ., concur.…
-
Lavon Jackson v. State, 778 So. 2d 306 (Fla. 1st DCA 2000)…stitutional challenge to chapter 95-182, we, therefore, vacate the conviction and sentence and remand to the trial court for any further proceedings not inconsistent with this opinion. See Levan v. State, 759 So. 2d 683 (Fla.2000); McGowan v. State, 755 So. 2d 109 (Fla.2000). JOANOS, ALLEN and KAHN, JJ., CONCUR. . In McGowan v. State, 755 So. 2d 109, n. 2 (Fla.2000), the court held that a single subject challenge may be addressed for the first time on appeal.…1 / 2
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)
- McGOWAN v. State, 725 So. 2d 470 (Fla. 3d DCA 1999)
- Harris v. State, 725 So. 2d 470 (Fla. 5th DCA 1999)