HENRY LEE LEWIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the habitual offender provision of Florida Law chapter 95-182 was void in its entirety during the window period it was in effect, and thus the doctrine of severability did not apply.
Henry Lee Lewis was sentenced as a habitual offender for attempted first-degree murder offenses committed during a period when Florida Law chapter 95-…
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PER CURIAM.
Henry Lee Lewis appeals the denial of his motion to correct illegal sentence. He was sentenced as a habitual offender on two counts of attempted first degree murder with a firearm, which were committed during the window period when Florida Law chapter 95-182 was unconstitutional. Salters v. State, 758 So. 2d 667 (Fla.2000); State v. Thompson, 750 So. 2d 643 (Fla.1999). Chapter 95-182 § 2 rewrote Florida Statutes § 775.084(4)(a)(1) to allow the imposition of habitual offender sentences for defendants convicted of life felonies, like Lewis.
The state urges that the habitual offender provision of the law is severable, so that part of the chapter can be saved. We conclude that the chapter was void in its entirety during the window period. We base that conclusion on Heggs v. State, 759 So. 2d 620 (Fla.2000), in which the Florida Supreme Court held that the doctrine of severability does not apply to chapter 95-184, which suffers from the same constitutional defect.
We reverse the order denying Lewis’ motion. On remand, the trial court shall reconsider the sentences in accordance with the valid laws in effect at the time of Lewis’ offenses, the sentencing laws in effect prior to the 1995 amendments. Thompson, 750 So. 2d at 649.
GUNTHER, SHAHOOD and GROSS, JJ., concur.
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James v. State, 775 So. 2d 347 (Fla. 1st DCA 2000)…n 6 of the Florida Constitution. Mr. James is therefore entitled to resen-tencing pursuant to the laws in effect prior to the amendment for any life felony committed before remedial legislation closed the window on May 24, 1997. See Lewis v. State, 764 So. 2d 874, 874 (Fla. 4th DCA 2000). Mr. James committed his offenses on May 22, 1996, within the window for challenging convictions improperly enhanced under amended section 775.084. See Dixon v. State, 763 So. 2d 314, 314 (Fla.2000); Salters v. State, 758 So…
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Cook v. State, 866 So. 2d 1291 (Fla. 4th DCA 2004)…State, 610 So. 2d 435 (Fla.1992). Chapter 95-182 was declared unconstitutional as violating the single subject requirement. State v. Thompson, 750 So. 2d 643 (Fla.1999). Remedial legislation closed the window period on May 24, 1997. Lewis v. State, 764 So. 2d 874 (Fla. 4th DCA 2000). Cook committed his offense on May 4,1997. Accordingly, Cook’s habitual offender sentence for the life felony of attempted first degree murder is illegal. Kinsey v. State, 831 So. 2d 1253 (Fla. 2d DCA 2002); see also Lowe v. St…
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Burgess v. State, 182 So. 3d 841 (Fla. 4th DCA 2016)…t felony offender designations were struck, the trial court was required to reconsider Appellant’s sentences under the sentencing laws in effect at the time of his offenses. Thompson v. State, 987 So. 2d 727, 728 (Fla. 4th DCA 2008); Lewis v. State, 764 So. 2d 874 (Fla. 4th DCA 2000). A resentencing at which the trial judge has judicial discretion is not a ministerial act, and thus Appellant’s presence at resentencing here is required. Jordan, 143 So. 3d at 339-40 (resentencing after motion to correct based o…1 / 2
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- State v. Thompson, 750 So. 2d 643 (Fla. 1999)
- Salters v. State, 758 So. 2d 667 (Fla. 2000)