SCOTT HERSEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HARRIS, J.
Hersey appeals his conviction and sentence for robbery with a deadly weapon, aggravated battery, and aggravated assault. We affirm his conviction. The State concedes that the scoresheet used at sentencing was in error. We remand for re-sentencing under a corrected scoresheet without consideration of the “three-strike” enhancement. See Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002).
As did the court in Taylor, we certify the issue of the constitutionality of the amendment to the supreme court.
AFFIRMED.
The State has moved for rehearing on the basis that the enactment of chapter 02-210, Laws of Florida, cured chapter 99-188’s constitutional infirmity. The State claims that this curative provision applies retroactively. We agree that under the reasoning of Dobbert v. Florida, 432 U.S. 282, 97 S.Ct. 2290, 53 L.Ed.2d 344 (1977), it does. We grant rehearing and affirm the sentence below.
REHEARING GRANTED and SENTENCE BELOW AFFIRMED.
ON MOTION FOR CERTIFICATION
We grant appellant’s motion for certification and certify the issue of the constitutionality of the curative effect of chapter 02-210, Laws of Florida as it relates to chapter 99-188 to the supreme court as one of exceptional importance.
SHARP, W., and PLEUS, JJ., concur.
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Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003)…was not entitled to relief. Since the circuit court issued its order, other courts have ruled likewise. The Fifth District, in Carlson v. State, 27 Fla. L. Weekly D2162, — So. 2d -, 2002 WL 31202145 (Fla. 5th DCA Oct.4, 2002), and Hersey v. State, 831 So. 2d 679 (Fla. 5th DCA 2002) (on grant of rehearing), has held that the curative provisions of chapter 02-2102 apply retroactively. The Fourth District, too, appears to hold this view. In two cases decided without opinions, it has cited Hersey. Nieves v. Sta…
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Franklin v. State, 887 So. 2d 1063 (Fla. 2004)…e Violent Felony Offender Act.' . Franklin does not assert to this Court that section 9 violates the single subject clause. . The Fifth District has agreed with the Second District that the Act violates article III, section 6. See Hersey v. State, 831 So. 2d 679 (Fla. 5th DCA 2002) (citing Taylor), receded from in part by Jones v. State, 872 So. 2d 938 (Fla. 5th DCA 2004). . The Fourth and First Districts have agreed with the Third District that the Act does not violate the single subject rule. See Hernand…
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Hernandez-Molina v. State, 860 So. 2d 483 (Fla. 4th DCA 2003)…HAZOURI, J., concurring in part and dissenting in part. I concur in the majority’s conclusion that the retroactive application of the reenactment cure in Chapter 02-212, Laws of Florida, as approved by Hersey v. State, 831 So. 2d 679 (Fla. 5th DCA 2002), should be rejected and concur that Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003), is the better reasoned decision precluding the retroactive application of a cure to a single subject violation. However, I dissent from the ma…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dobbert v. Florida, 432 U.S. 282 (U.S. 1977)
- Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002)