JAMES OSBORNE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
We have for review Osborne v. State, 766 So. 2d 286 (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), approved, 750 So. 2d 643 (Fla.1999), 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. We have jurisdiction. See Art. V, § 3(b)(4), Fla. Const. Based on our recent decision in Salters v. State, 758 So. 2d 667 (Fla.2000), and the State’s confession of error, we quash the decision below and remand for resentencing in accordance with the valid laws in effect on February 5, 1997, the date of the offenses.
It is so ordered.
SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. WELLS, C.J., dissents.
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Osborne v. State, 820 So. 2d 1046 (Fla. 4th DCA 2002)…manded for re-sentencing pursuant to Salters v. State, 758 So. 2d 667 (Fla.2000) (violent career criminal sentencing provision unconstitutional for offenses committed during window period from October 1, 1995, to May 24, 1997). See Osborne v. State, 768 So. 2d 444 (Fla.2000). [*1047] Upon remand, at the re-sentencing the state sought to sentence appellant as a habitual felony offender under section 775.084(l)(a), Florida Statutes (Supp.1996). The state failed to produce any evidence of any prior convictions,…
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Stovall v. State, 773 So. 2d 109 (Fla. 5th DCA 2000)…fused to consider certain alleged sentencing errors because of our holding in Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA 1998). Because Maddox was reversed, these unresolved issues have been remanded to us for consideration. See Stovall v. State, 768 So. 2d 444 (Fla.2000). Further, in the interim, the supreme court decided State v. Thompson, 750 So. 2d 643 (Fla.1999), which must now be considered in deciding the propriety of the original sentence. We agree that it was error for the trial court to enter c…
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)
- Osborne v. State, 766 So. 2d 286 (Fla. 4th DCA 2000)