MARESE BARNES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Marese Barnes was resentenced following a prior successful habeas corpus challenge to his violent career criminal sentence, but the trial court again imposed a sentence under the same unconstitutional statute. The appellate court reversed and remanded for resentencing under valid laws in effect at the time of the offense.
The trial court's resentencing under the unconstitutional statute of chapter 95-182 was illegal and must be reversed. Barnes must be resentenced under the valid laws in effect on the date he committed the offense.
[1] A challenge to the validity of chapter 95-182, Laws of Florida, on single subject rule grounds may be raised for the first time on appeal.
[2] Individuals have standing to challenge the violent career criminal sentencing provision enacted by chapter 95-182, Laws of Florida, if the relevant criminal offense occur…
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Join FLexlaw to unlock all legal intelligence“Because the trial court has again relied on an invalid sentencing statute, we reverse the trial court's order denying Barnes' motion to correct illegal sentence and remand for Barnes to be resentenced on the charge of attempted murder of a law enforcement officer.”
The core holding establishing that the trial court's repeated reliance on an unconstitutional statute requires reversal and remand for resentencing.
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Join FLexlaw to unlock all legal intelligenceBarnes committed his offenses on November 25, 1995, and was originally sentenced on August 5, 1996, to life in prison as a violent career criminal. Fo…
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PARKER, Judge.
Marese Barnes appeals the trial court’s order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand with directions to the trial court to resentence Barnes on the charge of attempted murder of a law enforcement officer.1
Barnes committed his offenses on November 25, 1995. On August 5, 1996, the trial court sentenced Barnes to life in prison and classified him as a violent career criminal pursuant' to section 775.084(l)(c), Florida Statutes (1995). Following a direct appeal, Barnes filed a petition for habeas corpus in this court alleging ineffective assistance of appellate counsel for counsel’s failure to raise the unconstitutionality of his violent career criminal sentence. The State conceded that Barnes’ offense fell within the window for challenging the unconstitutionality of a violent career criminal sentence imposed pursuant to chapter 95-182, Laws of Florida. In Barnes v. State, 779 So. 2d 366 (Fla. 2d DCA 2000), this court held that Barnes was entitled to be resentenced pursuant to State v. Thompson, 750 So. 2d 643 (Fla.1999), granted Barnes’ petition for habeas corpus, and directed the trial court to re-sentence Barnes in accordance with the valid laws in effect on the date of Barnes’ offenses.
At a resentencing hearing on July 31, 2000, the trial court resentenced Barnes to life in prison and classified him as a habitual violent felony offender pursuant to “Section 775.084(4)(B)M, Florida Statutes.” The trial court’s authority for imposing a habitual violent felony offender sentence for a life felony was chapter 95-182. Barnes thereafter filed a motion to correct illegal sentence alleging that he was again sentenced pursuant to a statute found unconstitutional in Thompson. In denying Barnes’ motion to correct illegal sentence, the trial court specifically relied on chapter 95-182, the same chapter that the supreme court held unconstitutional in Thompson.
Because the trial court has again relied on an invalid sentencing statute, we reverse the trial court’s order denying Barnes’ motion to correct illegal sentence and remand for Barnes to be resentenced on the charge of attempted murder of a law enforcement officer. As we did in Barnes, we direct the trial court to resen-tence Barnes in accordance with the valid laws in effect on the date Barnes committed this offense.
Reversed and remanded.
NORTHCUTT and STRINGER, JJ., Concur. . Although Barnes' motion also challenges his sentence for carrying a concealed firearm, the amended sentence on that conviction, imposed on July 31, 2000, is a legal sentence.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Thompson, 750 So. 2d 643 (Fla. 1999)
- Marese Barnes v. State, 779 So. 2d 366 (Fla. 2d DCA 2000)