JOHN BOOREAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
John Booream appeals his convictions and sentences for trafficking in methamphetamine and possession of paraphernalia. We affirm the convictions without comment. Based on Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA), review dismissed, 821 So. 2d 302 (Fla.2002), and Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003), we reverse the minimum mandatory sentence imposed for trafficking in methamphetamine and remand for resentencing in accordance with the valid laws in effect at the time Booream committed his offense. As we did in Green, we certify conflict with Carlson v. State, 27 Fla. L. Weekly D2162, - So. 2d -, 2002 WL 31202145 (Fla. 5th DCA Oct.4, 2002), Lecorn v. State, 832 So. 2d 818 (Fla. 5th DCA 2002), and Jones v. State, 27 Fla. L. Weekly D2377, - So. 2d -, 2002 WL 31431541 (Fla. 5th DCA Nov.1, 2002), and we note possible conflict with Nieves v. State, 833 So. 2d 190 (Fla. 4th DCA 2002), and Green v. State, 832 So. 2d 199 (Fla. 4th DCA 2002).
Affirmed in part; reversed in part; remanded; conflict certified.
FULMER, NORTHCUTT and STRINGER, JJ„ concur.
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Garcia v. State, 854 So. 2d 758 (Fla. 2d DCA 2003)…inal proceedings”); Blunt v. State, 831 So. 2d 770, 772 (Fla. 4th DCA 2002) (holding that section 893.101, which “became effective as of May 13, 2002, may not be applied retroactively” to an offense which occurred before that date); Thomas v. State, 844 So. 2d 723, 725 (Fla. 5th DCA 2003) (citing Blunt and Norman and holding that section 893.101 cannot be applied retroactively). Accordingly, the trial court was required to give a guilty knowledge instruction on the methamphetamine offenses, including the less…
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J.J.N. v. State, 877 So. 2d 806 (Fla. 5th DCA 2004)…, Laws of Fla. We come to this conclusion based on numerous decisions that hold the statute may not be applied retroactively. See Jones v. State, 857 So. 2d 969 (Fla. 2d DCA 2003); Garcia v. State, 854 So. 2d 758 (Fla. 2d DCA 2003); Thomas v. State, 844 So. 2d 723, 725 (Fla. 5th DCA 2003); 'Blunt v. State, 831 So. 2d 770, 772 (Fla. 4th DCA 2002). Hence, for offenses that occur after the effective date of section .893.101, knowledge of the illicit nature of the drugs will not be an element in constructive poss…
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Jones v. State, 857 So. 2d 969 (Fla. 2d DCA 2003)…to this case because they became law on May 13, 2002, after the alleged commission of the offense by Jones on November 14, 2001. See ch.2002-258, § 1, at 1848, Laws of Fla.; Garcia v. State, 854 So. 2d 758 (Fla. 2d DCA 2003) (citing Thomas v. State, 844 So. 2d 723, 725 (Fla. 5th DCA 2003), Blunt v. State, 831 So. 2d 770, 772 (Fla. 4th DCA 2002), and Norman v. State, 826 So. 2d 440, 441 (Fla. 1st DCA 2002), for the proposition that section 893.101 cannot be applied retroactively). We therefore reverse the pos…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002)
- Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003)
- Lecorn v. State, 832 So. 2d 818 (Fla. 5th DCA 2002)
- Green v. State, 832 So. 2d 199 (Fla. 4th DCA 2002)
- Eliezer Stern v. State, 833 So. 2d 190 (Fla. 4th DCA 2002)
- Nieves v. State, 833 So. 2d 190 (Fla. 4th DCA 2002)