JAMES JOSEPH WINKLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*270] NORTHCUTT, Judge.
James Joseph Winkler challenges the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He argues that his sentence as a prison releasee reof-fender is illegal based on Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA), review dismissed, 821 So. 2d 302 (Fla.2002). Taylor held that chapter 99-188, Laws of Florida, was unconstitutional on single subject grounds. Chapter 99-188 contained an amendment to the Prison Releasee Reof-fender Punishment Act broadening the definition of a prison releasee reoffender to include a defendant who commits a listed offense while he is serving a prison sentence or is on escape status. See ch. 99-188, § 2. Winkler’s claim is insufficient because he has not alleged that he was affected by this amendment and that he could not have been sentenced as a prison releasee reoffender pursuant to the statute as it existed prior to the enactment of chapter 99-188. See Bush v. State, 823 So. 2d 833 (Fla. 2d DCA 2002) (holding that the validly enacted statutes' in effect prior to the enactment of chapter 99-188 control sentencing).
Affirmed.
FULMER and WHATLEY, JJ., Concur.
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Citator
Cited By
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Dexter v. State (Fla. 2d DCA 2020)…1), Fla. Stat. (1999); §§ 775.082(8)(a)(1)(o), (8)(a)(1)(p), 782.051(1), Fla. Stat. (1997); McDonald v. State, 957 So. 2d 605 (Fla. 2007); Franklin v. State, 887 So. 2d 1063 (Fla. 2004); Knight v. State, 808 So. 2d 210 (Fla. 2002); Winkler v. State, 842 So. 2d 269 (Fla. 2d DCA 2003); Hall v. State, 838 So. 2d 1203 (Fla. 2d DCA 2003); Smalls v. State, 829 So. 2d 323 (Fla. 2d DCA 2002); Brown v. State, 97 So. 3d 960 (Fla. 4th DCA 2012); Lane v. State, 996 So. 2d 226 (Fla. 4th DCA 2008); Thomas v. State, 778 So.…
Authorities Cited
- Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002)
- Bush v. State, 823 So. 2d 833 (Fla. 2d DCA 2002)