GREG GREEN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (14 total)

• Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003)
  …hat 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. State, 833 So. 2d 190 (Fla. 4th DCA 2002); Green v. State, 832 So. 2d 199 (Fla. 4th DCA 2002). We disagree with those decisions. We hold that chapter 02-212 cannot be applied retroactively, for to do so would violate the Ex Post Facto Clauses of the United States and the Florida Constitutions. U.S. Const, art. 1, § 10; a…

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• Hernandez-Molina v. State, 860 So. 2d 483 (Fla. 4th DCA 2003)
  …R, KLEIN and TAYLOR, concur. . We have released several PCA opinions citing or relying on Hersey from which we now recede. See Bruso v. State, 837 So. 2d 1077 (Fla. 4th DCA 2003); Nieves v. State, 833 So. 2d 190 (Fla. 4th DCA 2002); Green v. State, 832 So. 2d 199 (Fla. 4th DCA 2002). . Although the dissent also finds a lack of connection with regard to the provisions regarding drug offenses in the act, neither the second district nor the third district found that those provisions caused a single subject vio…
• Delgado v. State, 852 So. 2d 425 (Fla. 5th DCA 2003)
  …PER CURIAM. ■ We affirm the defendant’s sentence on the authority of Hersey v. State, 831 So. 2d 679 (Fla. 5th DCA 2002). Accord Green v. State, 832 So. 2d 199 (Fla. 4th DCA 2002). We certify conflict with Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003). AFFIRMED; CONFLICT CERTIFIED. SHARP, W., PLEUS, and MONACO, JJ., concur.…

Authorities Cited

• Hersey v. State, 831 So. 2d 679 (Fla. 5th DCA 2002)
• Rogers v. State, 831 So. 2d 680 (Fla. 4th DCA 2002)
• Roye v. Ileana M. Roye, 831 So. 2d 680 (Fla. 3d DCA 2002)