CALVIN DONNELL HUNT, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court quashed the Third District Court of Appeal's affirmance of Hunt's sentence and remanded for resentencing under the valid sentencing laws in effect on the date Hunt committed his offenses, resolving a conflict with Second District precedent regarding application of sentencing statutes.
The Court quashed the Third District's decision and remanded for resentencing in accordance with the valid sentencing laws in effect on May 2, 1996, the date Hunt committed his offenses.
[1] A defendant may raise a single subject rule challenge to a statute for the first time on appeal, even if the challenge was not raised in the trial court.
[2] Sentencing must be conducted in accordance with the valid laws in effect on the date the underlying offense was committed.
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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 May 2, 1996, the date on which Hunt committed the underlying offenses in this case”
The Court's core holding directing resentencing under the sentencing laws valid at the time of the offense commission
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Join FLexlaw to unlock all legal intelligenceCalvin Donnell Hunt committed underlying offenses on May 2, 1996. The trial court imposed a sentence, which was affirmed by the Third District Court o…
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PER CURIAM.
We have for review Hunt v. State, 742 So. 2d 531 (Fla. 3d DCA 1999), in which the Third District Court of Appeal affirmed the ruling of the trial court in Calvin Donnell Hunt’s case 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), we quash the decision below and remand for resentencing in accordance with the valid laws in effect on May 2, 1996, the date on which Hunt 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.
. We note that Hunt 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), quashed, 758 So. 2d 667 (Fla.2000). Further, even though Hunt 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)
- 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)
- Lopez v. State, 742 So. 2d 531 (Fla. 3d DCA 1999)