LARRY WALDO, 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 quashed a Third District Court of Appeal decision affirming Larry Waldo's violent career criminal sentences, holding that the statute imposing those sentences violated the single subject rule of the Florida Constitution and was therefore unconstitutional.
Chapter 95-182, Laws of Florida is unconstitutional as violative of the single subject rule. Waldo has standing to challenge the statute on single subject rule grounds, and such a challenge may be properly addressed for the first time on appeal.
[1] A law violating the single subject rule is unconstitutional.
[2] A defendant may challenge the constitutionality of a law on single subject rule grounds even if the challenge was not raised in the trial court.
Previewing 2 of 4 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“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 this cause for resentencing in accordance with the valid laws in effect on January 25, 1997”
The Court's holding quashing the lower court decision and establishing the unconstitutionality of the sentencing statute.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceLarry Waldo committed underlying offenses on January 25, 1997, for which he received violent career criminal sentences. The Third District Court of Ap…
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 Standing To Challenge Statute cases and more on FLexlaw
PER CURIAM.
We have for review Waldo v. State, 728 So. 2d 280 (Fla. 3d DCA 1999), in which the Third District Court of Appeal affirmed Larry Waldo’s violent career criminal sentences based on its prior decision in Higgs v. State, 695 So. 2d 872 (Fla. 3d DCA 1997). In so affirming, the Waldo 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 this cause for resentencing in accordance with the valid laws in effect on January 25, 1997, the date on which Waldo 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.
. Based on our decision in Salters v. State, 758 So. 2d 667 (Fla.2000), we determine that Waldo has standing to challenge chapter 95-182, Laws of Florida, on single subject rule grounds. Further, even though Waldo 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, 759 So. 2d 620, 623, 624 n.4 (Fla.2000); Nelson v. State, 748 So. 2d 237, 241-42 (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
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- 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)
- Salters v. State, 758 So. 2d 667 (Fla. 2000)
- Caison v. State, 695 So. 2d 872 (Fla. 3d DCA 1997)
- Nelson v. State, 748 So. 2d 237 (Fla. 1999)
- Babak Parissay v. State, 728 So. 2d 280 (Fla. 5th DCA 1999)