LLOYD M. JONES, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Florida Supreme Court quashed a violent career criminal sentence and remanded for resentencing under the valid laws in effect when the offense was committed, resolving a certified conflict between district courts.
A violent career criminal sentence must be imposed in accordance with the valid laws in effect at the time the defendant committed the underlying offense.
[1] A violent career criminal sentence must be imposed in accordance with the valid laws in effect at the time the defendant committed the underlying offense, not the laws in…
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The Court cited Thompson for the principle that resentencing must follow the laws effective when the offense occurred.
Lloyd M. Jones was sentenced as a violent career criminal. The Third District Court of Appeal affirmed the sentence based on prior precedent, but cert…
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PER CURIAM.
We have for review Jones v. State, 747 So. 2d 982 (Fla. 3d DCA 1999), in which the Third District Court of Appeal affirmed Lloyd M. Jones’ 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 Jones 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 that portion of the decision below that affirmed petitioner’s violent career criminal sentence and remand for resentencing in accordance with the valid laws in effect on April 15, 1996, the date on which Jones 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 Jones has standing to raise a single subject rule challenge to chapter 95-182, Laws of Florida, in light of our decision in Salters v. State, 758 So. 2d 667 (Fla.2000). Further, we decline to address Jones’ ineffective assistance of trial counsel claim here, as the Third District fully addressed that claim in the decision below and the claim clearly is outside the scope of the certified conflict before us. See, e.g., Ross v. State, 601 So. 2d 1190, 1193 (Fla.1992).
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Citator
Cited By
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Alwin J. Jacobs v. State, 880 So. 2d 548 (Fla. 2004)…these witnesses where there was an abundance of evidence contradicting their testimony constituted a sound tactical decision and not ineffectiveness of counsel. See Jones v. State, 747 So. 2d 982 (Fla. 3d DCA 1999), quashed in part on other grounds, 759 So. 2d 681 (Fla.2000). Under rule 3.850, a defendant is entitled to an evidentiary hearing unless the motion and record conclusively show the defendant is not entitled to relief. See Harich v. State, 484 So. 2d 1239, 1240 (Fla.1986). Since the defendant’s mot…
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Alwin J. Jacobs v. State, 800 So. 2d 322 (Fla. 3d DCA 2001)…these witnesses where there was an abundance of evidence contradicting their testimony constituted a sound tactical decision and not ineffectiveness of counsel. See Jones v. State, 747 So. 2d 982 (Fla. 3d DCA 1999), quashed in part on other grounds, 759 So. 2d 681 (Fla.2000). Under Rule 3.850, a defendant is entitled to an evidentiary hearing unless the motion and record conclusively show the defendant is not entitled to relief. See Harich v. State, 484 So. 2d 1239, 1240 (Fla.1986). Since the defendant’s mot…
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Jones v. State, 781 So. 2d 480 (Fla. 3d DCA 2001)…On Petition For Belated Appeal SCHWARTZ, Chief Judge. As a result of Jones v. State, 759 So. 2d 681 (Fla.2000), Jones was resentenced in the circuit court on October 11, 2000. It is admitted that Jones was not present at the resentencing and he now seeks a belated appeal on the ground that he did not receive notice of the sentence within the time…
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)
- Ross v. State, 601 So. 2d 1190 (Fla. 1992)
- Jones v. State, 747 So. 2d 982 (Fla. 3d DCA 1999)