ANDREW BUSBY, 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.
The Florida Supreme Court resolved a certified conflict regarding standing to challenge the constitutionality of Chapter 95-182, which created the violent career criminal sentencing provision. The Court held that defendants whose offenses occurred between October 1, 1995, and May 24, 1997, have standing to challenge the statute on single subject rule grounds, and remanded Busby's case for resentencing.
Defendants who committed their criminal offenses on or after October 1, 1995, and before May 24, 1997, have standing to challenge Chapter 95-182 on single subject rule grounds. Because Busby committed his offenses on December 13, 1996, he has standing to raise this challenge. The Fourth District's decision denying standing is quashed and reversed.
[1] A defendant has standing to challenge a statute as violative of the single subject rule if the criminal offense occurred within the period from October 1, 1995, to May 24…
[2] A statute enacted in violation of the single subject rule may be challenged by individuals whose offenses occurred within a specific statutory window period.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“those who seek to challenge the "violent career criminal sentencing provision enacted by chapter 95-182 have [standing] to do so if the relevant criminal offense or offenses occurred on or after October 1, 1995, and before May 24, 1997.”
Establishes the definitive standing window period that resolved the certified conflict between district courts.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAndrew Busby was charged with six offenses committed on December 13, 1996. He was convicted on all counts and sentenced as a violent career criminal u…
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 (Fla. Const. Art. Iii, § 6) cases and more on FLexlaw
PER CURIAM.
The Court has for review Busby v. State, 766 So. 2d 259 (Fla. 4th DCA 2000), in which the Fourth District Court of Appeal certified conflict with the Second District’s decision in Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA 1998), on the issue of standing to challenge chapter 95-182, Laws of Florida, as violative of the single subject rule contained in article III, section 6 of the Florida Constitution. The Court has jurisdiction. See Art. V, § 3(b)(4), Fla. Const. The State of Florida charged Andrew Busby with six offenses, all of which occurred on December 13, 1996. Busby was convicted on all six counts and was sentenced under the habitual violent felony offender statutes as to two counts. As to the four other counts, he was sentenced as a violent career criminal pursuant to section 775.084(l)(c), Florida Statutes (1995).
Busby sought review of his sentence as a violent career criminal.
On appeal, Busby argued that chapter 95-182, which created the violent career criminal sentencing category incorporated into section 775.084, violated the single subject rule contained in article III, section 6 of the Florida Constitution.
The district court, relying on our recent decision in State v. Thompson, 750 So. 2d 643 (Fla.1999), agreed that chapter 95-182 violated the single subject rule requirement contained in Florida’s constitution. See Busby, 766 So. 2d at 264.
Nevertheless, the Fourth District determined that Busby lacked standing to challenge the validity of chapter 95-182 because the date of the commission of the crimes was outside the window period within which such challenge could be made. See id. (citing Salters v. State, 731 So. 2d 826 (Fla. 4th DCA 1999)(holding that only those persons who committed their criminal offense on or after October 1, 1995, but before October 1, 1996, had standing to challenge chapter 95-182 on single subject rule grounds)). In so doing, the Busby court certified conflict with Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA 1998), wherein the Second District held that the window period extended from October 1, 1995, through May 24, 1997. See Busby, 766 So. 2d at 264. Busby seeks review.
Since the issuance of the Fourth District’s decision below, we have resolved the certified conflict. In Salters v. State, 758 So. 2d 667 (Fla.2000), we conclusively determined that those who seek to challenge the “violent career criminal sentencing provision enacted by chapter 95-182 have standing to do so if the relevant criminal offense or offenses occurred on or after October 1, 1995, and before May 24,1997.” Thus, consistent with our decision in Sal-ters, because Andrew Busby committed the offenses charged on December 13, 1996, he does have standing to raise a single subject rule challenge to chapter 95-182.
Accordingly, we quash the decision below as it relates to the issue of standing. Further, we reverse Busby’s violent career criminal sentence and remand for resentencing in accordance with the valid laws in effect on December 13, 1996, the date of the offenses. See Thompson, 750 So. 2d at 649 (remanding for resentencing in accordance with the valid laws in effect at the time the defendant committed the offenses).
It is so ordered.
SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. WELLS, C.J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Giles Levesque v. State, 778 So. 2d 1049 (Fla. 4th DCA 2001)…a necessary lesser included offense of second degree murder, but it may be a permissive lesser offense depending upon the allegations in the information.2 See Busby v. State, 766 So. 2d 259, 263 (Fla. 4th DCA), decision quashed on other grounds by, 765 So. 2d 49 (Fla.2000). The information did not allege that Levesque intentionally or knowingly caused great bodily harm. It is error to give a jury instruction on a permissive lesser included offense unless the accusatory pleading alleges all the elements of…
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)
- Salters v. State, 731 So. 2d 826 (Fla. 4th DCA 1999)
- Vining v. Segal, 731 So. 2d 826 (Fla. 3d DCA 1999)
- Busby v. State, 766 So. 2d 259 (Fla. 4th DCA 2000)