SHAKA AQUIL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2000-09-08
No. 2D99-1454
PARKER, A.C.J., and WHATLEY, J., and DANAHY, PAUL W., (Senior) Judge, Concur.
768 So. 2d 523 Florida District Court of Appeal, Second District (2000)

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.


Holding

The court affirmed the conviction but reversed the sentence because it was based on an unconstitutional law.


Facts & Procedural History

Aquil was convicted of aggravated assault with a firearm and sentenced under a law later found unconstitutional. The crime occurred during the window …

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.


Opinion of the Court
PER CURIAM.

PER CURIAM.

Shaka Aquil appealed his judgment and sentence for aggravated assault with a firearm, and appellate counsel filed briefs pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Despite a thorough review of the record and the possible issues as outlined by appellate counsel and Aquil, pro se, we find no issue of arguable merit in regard to Aquil’s conviction. Accordingly, we affirm Aquil’s conviction.

However, because Aquil was sentenced to an unconstitutional minimum mandatory sentence, we reverse and remand this case for resentencing.1 Aquil committed the instant crime on January 25, 1997, and the court sentenced him to a minimum mandatory sentence which was created by chapter 95-184, Laws of Florida. However, the Florida Supreme Court has recently held that chapter 95-184 is unconstitutional as a violation of the single subject rule. See Heggs v. State, 759 So. 2d 620, 626 (Fla.2000). Because Aquil committed his crime within the applicable window period for challenges to the constitutionality of chapter 95-184, see Trapp v. State, 760 So. 2d 924, 928 (Fla.2000), we reverse and remand for resentencing.

PARKER, A.C.J., and WHATLEY, J., and DANAHY, PAUL W., (Senior) Judge, Concur. . While technically this court is required to issue an order which either appoints Aquil new counsel or allows present counsel to file another brief upon the discovery of any potential issue, see Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), in this case the order would serve no purpose as the error is evident from the record.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw