ROY R. ROWE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
[*917] KELLY, Judge.
Roy Rowe challenges the trial court’s order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Rowe argues that his sentence as a habitual felony offender is illegal based on Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002).1 We affirm the decision of the trial court because the statute under which Rowe was sentenced, section 775.084(4)(a)(2), Florida Statutes (2001), was not affected by the amendments contained within chapter 99-188. Rowe is therefore not entitled to relief under Taylor. Affirmed.
SILBERMAN and COVINGTON, JJ., concur. . Taylor held that chapter 99-188, Laws of Florida was unconstitutional because it was enacted in violation of the single subject rule.
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Karo v. State, 849 So. 2d 351 (Fla. 2d DCA 2003)…t the fifteen-year mandatory minimum term of imprisonment imposed pursuant to section 893.135(l)(b)(l)(c) is an illegal sentence since that section was not affected by the amendments to section 893.135 contained in chapter 99-188. See Rowe v. State, 839 So. 2d 916 (Fla. 2d DCA 2003). Therefore, we affirm the denial of this claim. Affirmed in part, reversed in part, and remanded. CASANUEVA and SILBERMAN, JJ., Concur.…
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Padilla v. State, 870 So. 2d 6 (Fla. 2d DCA 2003)…the fifteen-year mandatory minimum term of imprisonment imposed pursuant to section 893.135(l)(b)(l)(e) is an illegal sentence because that section was not affected by the amendments to section 893.135 contained in chapter 99-188. See Rowe v. State, 839 So. 2d 916 (Fla. 2d DCA 2003). We therefore affirm the denial of this claim. Section 893.135(5) states: Any person who agrees, conspires, combines, or confederates with another person to commit any act prohibited by subsection (1) commits a felony of the fir…
Authorities Cited
- Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002)