TRAVIS HANKERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant appeals the denial of his motion to correct his sentence arguing that his sentence as a habitual violent offender, imposed for a life felony, is illegal based on the unconstitutionality of Chapter 95-182, Laws of Florida. That law amended section 775.084, Florida Statutes. (1993), to include life felonies as crimes for which habitual offender sentences may be imposed. See Summers v. State, 747 So. 2d 987, 988 (Fla. 5th DCA 1999). Prior to that amendment, life felonies were not subject to habitualization. We reverse and remand for reconsideration of the sentence under sentencing laws in effect immediately prior to the 1995 amendments. See Lewis v. State, 764 So. 2d 874 (Fla. 4th DCA 2000).
WARNER, C.J., STONE and KLEIN, JJ., concur.
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Burgess v. State, 182 So. 3d 841 (Fla. 4th DCA 2016)…designation on those counts was • proper, as Appellant committed these crimes during the "window period" in which Chapter 95-182, Laws of Florida, was declared unconstitutional. Cook v. State, 866 So. 2d 1291 (Fla. 4th DCA 2004); Hankerson v. State, 765 So. 2d 982 (Fla. 4th DCA 2000); Lewis v. State, 764 So. 2d 874 (Fla. 4th DCA 2000); Austin v. State, 756 So. 2d 1080, 1081 (Fla. 4th DCA 2000).…
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Hawkins v. State, 195 So. 3d 1196 (Fla. 1st DCA 2016)…(Fla. 1st DCA 2003); Kinsey v. State, 831 So. 2d 1253 (Fla. 2d DCA 2002); Green v. State, 810 So. 2d 1101 (Fla. 1st DCA 2002); Lowe v. State, 786 So. 2d 1194 (Fla. 2d DCA 2001); Lewis v. State, 764 So. 2d 874 (Fla. 4th DCA 2000); Hankerson v. State, 765 So. 2d 982 (Fla. 4th DCA 2000). Accordingly, we reverse and remand for the trial court to resentence the appellant on the sexual battery count only pursuant to the valid laws in effect at the time his offenses were committed. See James, 775 So. 2d at 348; Gre…
Authorities Cited
- Timothy v. Summers, 747 So. 2d 987 (Fla. 5th DCA 1999)
- Lewis v. State, 764 So. 2d 874 (Fla. 4th DCA 2000)