MICHAEL DUPREE, 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.
Florida Supreme Court quashed a violent career criminal sentence and remanded for resentencing under the valid laws in effect on the date of the underlying offense, finding the defendant had standing to challenge the statute on single subject rule grounds.
A defendant sentenced as a violent career criminal must be resentenced in accordance with the valid laws in effect on the date the underlying offense was committed.
[1] A defendant sentenced as a violent career criminal has standing to challenge the sentencing statute on single subject rule grounds and is entitled to resentencing under t…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceMichael Dupree was sentenced as a violent career criminal. The Third District Court of Appeal affirmed his sentence based on prior precedent, but cert…
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 Violent Career Criminal Sentencing cases and more on FLexlaw
PER CURIAM.
We have for review Dupree v. State, 711 So. 2d 647 (Fla. 3d DCA 1998), in which the Third District Court of Appeal affirmed Michael Dupree’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 Dupree 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 October 10, 1996, the date on which Dupree committed the underlying offense for which he was sentenced as a violent career criminal.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 Dupree has standing to challenge chapter 95-182, Laws of Florida, on single subject rule grounds.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- 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)
- Melton v. State, 711 So. 2d 647 (Fla. 1st DCA 1998)