SALVADOR NIEVES, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (17 total)

• Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003)
  …a. 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. 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 th…

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• Hernandez-Molina v. State, 860 So. 2d 483 (Fla. 4th DCA 2003)
  …concurs in part and dissents in part in which GUNTHER, 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 fou…
• Jones v. State, 872 So. 2d 938 (Fla. 5th DCA 2004)
  …roactively because this would violate the Ex Post Facto Clauses of the United States and Florida Constitutions). This court originally said it may be retroactively applied. Hersey. The Fourth District Court once followed this court. Nieves v. State, 833 So. 2d 190 (Fla. 4th DCA 2002) (citing Hersey). However, upon further reflection, it receded from its prior opinions that relied on this court’s decision in ñersey and held that the sentencing provisions of chapter 99-188 may not be retroactively applied. Hema…

Authorities Cited

• Hersey v. State, 831 So. 2d 679 (Fla. 5th DCA 2002)