SYLVESTER B. MORRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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.
Morris's violent career criminal sentence is vacated because the statute creating that offense violates Florida's single subject rule and the crime did not exist on the date of his conduct.
A violent career criminal sentence imposed under chapter 95-182 is unconstitutional because that chapter violates the single subject rule of the Florida Constitution, and the offense did not exist when the defendant committed the conduct.
[1] A statute creating a criminal offense violates the single subject rule when it amends an existing statute in violation of article III, section 6 of the Florida Constituti…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceMorris committed possession of a firearm by a violent career criminal on May 5, 1996, and was sentenced under section 775.084, Florida Statutes, as am…
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 Possession Of A Firearm By A Violent Career Criminal cases and more on FLexlaw
PARKER, Acting Chief Judge.
Sylvester B. Morris appeals the order denying his motion to correct illegal sentence, arguing that his violent career criminal sentence imposed under chapter 95-182, Laws of Florida, is illegal because that chapter violates the single subject rule contained in article III, section 6, of the Florida Constitution. We agree, reverse, and vacate his judgment and sentence.
Morris committed the offense of possession of a firearm by a violent career criminal on May 5, 1996. He, therefore, has standing to challenge his sentence which the trial court imposed pursuant to section 775.084, Florida Statutes (1995), as amended by chapter 95-182, Laws of Florida. See Salters v. State, 758 So. 2d 667 (Fla.2000). Morris’s sentence under section 775.084 is unconstitutional as chapter 95-182 violates the single subject rule contained in article III, section 6, of the Florida Constitution. See State v. Thompson, 750 So. 2d 643 (Fla.1999). Ordinarily, we would be compelled to remand for resentencing. Id. However, although not argued by Morris, Thompson rendered the crime of possession of a firearm by a violent career criminal nonexistent on May 5, 1996. See Levan v. State, 759 So. 2d 683 (Fla.2000) (noting that the offense of possession of a firearm by a violent career criminal was created through the passage of chapter 95-182). Accordingly, Morris is entitled to have his conviction and sentence vacated. Id. The State concedes error. Judgment and sentence vacated. Reversed and remanded for further proceedings.
WHATLEY and CASANUEVA, JJ„ Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Thompson, 750 So. 2d 643 (Fla. 1999)
- Salters v. State, 758 So. 2d 667 (Fla. 2000)
- Levan v. State, 759 So. 2d 683 (Fla. 2000)