GREGORY W. VALENTINE, 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.
Chapter 95-184 of the Florida Statutes is unconstitutional as it violates Article III, Section 6 of the Florida Constitution.
Gregory W. Valentine was sentenced under amendments made by Chapter 95-184 for an aggravated battery offense committed on March 2, 1997. The appellate…
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 Valentine v. State, 737 So. 2d 654 (Fla. 1st DCA 1999), in which the First District Court of Appeal certified the following question to be one of great public importance:
WHETHER CHAPTER 95-184 VIOLATES ARTICLE III, SECTION 6 OF THE FLORIDA CONSTITUTION.
We have jurisdiction. See Art. V, § 3(b)(4), Fla. Const. Based on our recent decision in Heggs v. State, 759 So. 2d 620 (Fla.2000), in which we held chapter 95-184 to be unconstitutional as violative of article III, section 6 of the Florida Constitution, we answer the certified question in the affirmative. Accordingly, we quash the decision below, and remand with directions that Gregory W. Valentine’s sentence on the underlying aggravated battery offense be reversed and the case remanded for resentencing in accordance with the sentencing guidelines in effect before the relevant amendments made in chapter 95-184 became effective.1
It is so ordered.
HARDING, C.J., and SHAW, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. WELLS, J., dissents.
. Valentine committed the underlying aggravated battery offense in this case on March 2, 1997, and he thus has standing to challenge chapter 95-184 on single subject rule grounds. See Trapp v. State, 760 So. 2d 924 (Fla.2000). Further, even though Valentine 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. See Heggs v. State, 759 So. 2d 620, 623, 624 n. 4 (Fla.2000); cf. 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
Cited By
-
Eusebio Medina v. State, 88 So. 3d 187 (Fla. 3d DCA 2011)…under the 1994 guidelines pursuant to Heggs v. State, 759 So. 2d 620 (Fla.2000). On consideration of a certified question from this Court, the Supreme Court agreed with Medina’s position and the cause was remanded for re-sentencing. Medina v. State, 760 So. 2d 929 (Fla.2000). At the October 23, 2000, resentencing, the trial court stated that it awarded Medina credit for all time served, but the written sentence only awarded the 566 days credit for time served in jail prior to imposition of his original senten…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Xzavier Trapp v. State, 760 So. 2d 924 (Fla. 2000)
- State v. Johnson, 616 So. 2d 1 (Fla. 1993)
- Nelson v. State, 748 So. 2d 237 (Fla. 1999)
- Valentine v. State, 737 So. 2d 654 (Fla. 1st DCA 1999)
- Godbolt v. State, 737 So. 2d 654 (Fla. 3d DCA 1999)