JOHN LEON WEST, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2001-06-27
No. 3D01-1020
Before SCHWARTZ, C.J., and COPE and FLETCHER, JJ.
789 So. 2d 1123 Florida District Court of Appeal, Third District (2001) Positive Treatment
Cited by 5 cases

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Synopsis

John Leon West appeals an order denying his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a), challenging the constitutionality of the Stop Turning Out Prisoners Act's title and disputing credit for jail time and sentencing calculations. The Third District Court of Appeal affirms, rejecting West's constitutional title challenge and directing him to exhaust administrative remedies regarding his release date calculations.


Holding

The court affirms the denial of relief, holding that: (1) the statute's title was constitutionally adequate because it gave fair notice that it modified prisoner release law without needing to index all contents; (2) West must exhaust administrative remedies within the Department of Corrections before seeking judicial review of the jail time credit and release date issues; and (3) the sentencing guidelines claim is not entertained because West was sentenced as a habitual violent felony offender, not under the guidelines.


Headnotes

[1] A statute's title need not index all of its contents; it is sufficient if the title is worded so as not to mislead a person of average intelligence as to the scope of the…

[2] A motion to correct an illegal sentence is properly denied without prejudice to the defendant to exhaust administrative remedies within the Department of Corrections when…

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Key Quotes

“The title of a statute need not index all of the statute's contents. The proper test is whether the title is so worded as not to mislead a person of average intelligence as to the scope of the enactment and is sufficient to put that person on notice and cause him to inquire into the body of the statute itself.”

Establishes the legal standard for constitutional sufficiency of a statute's title under Florida law

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Facts & Procedural History

West is subject to the Stop Turning Out Prisoners Act, which requires defendants to serve a minimum of 85% of their sentence before release. West's cr…

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Opinion of the Court
COPE, J.

COPE, J.

John Leon West appeals an order denying in part, his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). We affirm.

Defendant-appellant West is subject to the Stop Turning Out Prisoners Act, which among other things requires that the defendant serve a minimum of 85% of his sentence prior to release. § 944.275(4)(b)3., Fla. Stat. (1995).1 This statute was enacted by chapter 95-294, Laws of Florida.

Defendant argues that the title to chapter 95-294 was constitutionally insufficient. Under the Florida Constitution, the subject of a law “shall be briefly expressed in the title.” Art. 3, § 6, Fla. Const. (1968). Defendant contends that the title was insufficient because it did not include a specific reference to the 85% rule.

We reject the defendant’s argument on this point.

The title of a statute need not index all of the statute’s contents. The proper test is whether the title is so worded as not to mislead a person of average intelligence as to the scope of the enactment and is sufficient to put that person on notice and cause him to inquire into the body of the statute itself.

Williams v. State, 370 So. 2d 1143, 1144 (Fla.1979); see 48A Fla. Jur.2d Statutes §§ 62, 81 (2000). The title to this statute gave fair notice that it modified the law relating to release of prisoners. The title was adequate and did not violate the constitutional provision.2

Defendant next contends that the Department of Corrections has failed to give him credit for the 898 days of county jail time which was awarded by the trial court. He also contends that the Department has miscalculated his tentative release date. We affirm the denial of relief without prejudice to the defendant to exhaust his administrative remedies within the Department of Corrections and thereafter to seek judicial review if necessary. Lucio v. State, 673 So. 2d 195 (Fla. 3d DCA 1996); Barber v. State, 661 So. 2d 355 (Fla. 3d DCA 1995).

Defendant argues that there is an error on his sentencing guidelines score-sheet which should be corrected. We decline to entertain this claim because the defendant was sentenced as a habitual violent felony offender, and not under the guidelines.

Affirmed.

. The defendant's crime date was December 17, 1995.

. The title stated:

An act relating to corrections; creating the “Stop Turning Out Prisoners Act”; amending s. 944.275, F.S., relating to gain-time; revising guidelines with respect to eligibility for gain-time; providing a maximum limitation of 10 days upon the amount of incentive gain-time granted with respect to specified sentences; conforming language relating to incentive gain-time granted by the Department of Corrections; creating s. 944.281, F.S.; granting rulemaking authority to the department relating to ineligibility for gain-time due to disciplinary action; amending s. 775.082, F.S.; provid ing that persons convicted of any capital felony are ineligible for parole; providing an effective date.

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Citator

Cited By

  • Rivera v. State, 790 So. 2d 584 (Fla. 3d DCA 2001)
    …Id. § 2. The same enactment also created the eighty-five percent rule, which requires that an inmate serve a minimum of eighty-five percent of the sentence imposed. The Heggs decision did not affect the validity of chapter 95-294. See West v. State, 789 So. 2d 1123 (Fla. 3d DCA 2001); Sanchez v. State, 765 So. 2d 246, 247 (Fla. 3d DCA 2000). The Department correctly advised the defendant that he is required to serve eighty-five percent of his' sentence. The Department also was correct in rejecting the defenda…
  • Eladio Rodriguez v. State, 793 So. 2d 1186 (Fla. 3d DCA 2001)
    …PER CURIAM. Affirmed. See West v. State, 789 So. 2d 1123 (Fla. 3d DCA 2001).…
  • Siroky v. State, 806 So. 2d 526 (Fla. 5th DCA 2001)
    …PER CURIAM. AFFIRMED. See West v. State, 789 So. 2d 1123 (Fla. 3d DCA 2001). GRIFFIN, SAWAYA and PALMER, JJ., concur.…

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