MICHAEL ANTHONY AIELLO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Michael Aiello challenged a mandatory minimum drug trafficking sentence, arguing the underlying statute violated the single-subject rule of the Florida Constitution. The court affirmed the trial court's denial of his motion because Aiello failed to allege that his offense occurred during the period when the statute was unconstitutional (the 'Taylor window').
The court affirmed the trial court's order denying Aiello's motion because Aiello failed to affirmatively allege that he committed the offense within the 'Taylor window'—the period when chapter 99-188 was unconstitutional and before the legislature's retroactive reenactment. While Aiello would be entitled to resentencing if his offense occurred during that window, his motion was facially insufficient as pleaded.
[1] Retroactive application of a statute that increases the punishment for a criminal offense violates the Ex Post Facto Clauses of the federal and Florida constitutions.
[2] A statute enacted in violation of the single-subject rule is void ab initio and cannot be retroactively applied.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“If Aiello's offense occurred within the Taylor window, he is entitled to be resentenced under the valid law in effect at the time of the offense.”
Establishes that offenders whose crimes occurred during the unconstitutional period are entitled to resentencing relief.
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Join FLexlaw to unlock all legal intelligenceAiello was sentenced to a three-year mandatory minimum term of imprisonment for trafficking in hydrocodone/oxycodone under chapter 99-188, Laws of Flo…
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[*951] SALCINES, Judge.
Michael Anthony Aiello challenges the order of the trial court denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because Aiello failed to present a facially sufficient claim, we affirm the trial court’s order. In his motion, Aiello alleged that the three-year mandatory minimum term of imprisonment for trafficking in hydroco-done/oxycodone was illegally imposed. In Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA), review dismissed, 821 So. 2d 302 (Fla.2002), this court held that chapter 99-188, Laws of Florida, which provided for the imposition of the mandatory minimum prison sentences for certain drug offenses, is unconstitutional because it violates the single subject rule of the Florida Constitution. But see State v. Franklin, 836 So. 2d 1112 (Fla. 3d DCA 2003). In denying the motion, the trial court found: “As of April 29, 2002, the Florida Legislature has cured the single subject rule violation by reenacting the provisions originally contained in Chapter 99-188. The re-enactment was retroactive to July 1, 1999.” However, in Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003), this court has since held that the reenactment of the sentencing provisions of chapter 99-188 cannot be applied retroactively because this would violate the Ex Post Facto Clauses of the United States and Florida Constitutions.
If Aiello’s offense occurred within the Taylor window, he is entitled to be resen-tenced under the valid law in effect at the time of the offense. See Green, 839 So. 2d 748. However, Aiello failed to present a facially sufficient claim for relief under rule 3.800(a) since he failed to affirmatively allege that he committed the offense on a date within the Taylor window.1 See Sims v. State, 838 So. 2d 658 (Fla. 2d DCA 2003). We therefore affirm the order of the trial court without prejudice to any right Aiello might have to file a facially sufficient claim. See id.
Affirmed.
CASANUEVA and SILBERMAN, JJ., Concur. . Aiello was represented by counsel in the filing of his motion. The motion alleged only:
1. That a mandatory [minimum] of 3 years for 4-14 grams of Hydrocodone/Oxycodone is no longer a legal sentence.
2. It is requested that the mandatory minimum language be deleted from the Judgement and Sentence.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002)
- Gende v. Fla. Dep't of Child. & Families, 836 So. 2d 1112 (Fla. 3d DCA 2003)
- Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003)
- Orosco v. State, 838 So. 2d 658 (Fla. 2d DCA 2003)
- Edrick Lee Hines v. State, 838 So. 2d 658 (Fla. 2d DCA 2003)