ANTHONY TROY WRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Anthony Troy Wright appeals his mandatory minimum sentence for trafficking in MDMA, arguing it is illegal under Taylor v. State, which struck down Chapter 99-188 as unconstitutional. The court affirms, holding that trafficking in MDMA was not covered by Chapter 99-188 but was instead created by Chapter 2000-320, which was not affected by Taylor.
Wright's mandatory minimum sentence is legal and not affected by Taylor because trafficking in MDMA was not among the drug offenses listed in Chapter 99-188. The mandatory minimum sentence for trafficking in MDMA derives from Chapter 2000-320, which was separate legislation not affected by the constitutional infirmity in Chapter 99-188.
[1] A petition for a writ of habeas corpus may not be used as a substitute for a motion to correct an illegal sentence.
[2] A statutory provision enacted by a law that violates the single subject rule of the Florida Constitution is unconstitutional.
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Join FLexlaw to unlock all legal intelligence“trafficking in MDMA and other phenethylamines did not become a statutory offense until chapter 2000-320, Laws of Florida, took effect on October 1, 2000”
Establishes that MDMA trafficking was not covered by the invalidated Chapter 99-188
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Join FLexlaw to unlock all legal intelligenceWright was convicted of trafficking in MDMA, and the trial court imposed a three-year mandatory minimum sentence pursuant to Florida Statutes section …
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THREADGILL, EDWARD F„ Senior Judge.
Anthony Troy Wright appeals from his sentence for trafficking in 3,4-methylene- dioxymethamphetamine (MDMA). He argues that the three-year mandatory minimum sentence imposed by the trial court pursuant to section 893.135(1)(j)(2)(a), Florida Statutes (2000), is illegal under Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA), review dismissed, 821 So. 2d 302 (Fla.2002).
We affirm because Wright’s sentence is not affected by Taylor. Chapter 99-188, Laws of Florida, provided for the imposition of mandatory minimum prison sentences for certain drug offenses. Taylor held that chapter 99-188 was unconstitutional because it violated the single subject rule of the Florida Constitution. The window period for raising a Taylor challenge opened July 1, 1999, and closed April 29, 2002. See Green v. State, 839 So. 2d 748, 750 n. 1 (Fla. 2d DCA), revieio granted, Franklin v. State, 854 So. 2d 659 (Fla.2003).
In this appeal, Wright argues that because his offense occurred in February 2002, within the window period, his mandatory minimum sentence is illegal under Taylor.
However, this argument is incorrect because trafficking in MDMA was not among the drug offenses listed in chapter 99-188. Trafficking in MDMA and other phenethyla-mines did not become a statutory offense until chapter 2000-320, Laws of Florida, took effect on October 1, 2000. Ch. 2000-320, § 4, at 3497, § 29, at 3544, Laws of Fla. Chapter 2000-320 also imposed mandatory minimum sentences for the new drug offenses created by that amendment. Id. § 4, at 3497. As the Third District has recently noted, the addition of new drug offenses and the imposition of mandatory minimum sentences for these offenses by chapter 2000-320 was not part of chapter 99-188 “and thus was not affected by any infirmity in chapter 99-188,” by Taylor, “or by enactment of chapter 2002-212, Laws of Florida.” Urruchurtu v. State, 858 So. 2d 387, 388 (Fla. 3d DCA 2003).
Therefore, Wright is not entitled to relief.
Wright cites Gilbert v. State, 843 So. 2d 972 (Fla. 2d DCA 2003), in support of his argument. In Gilbert, the defendant filed a postconviction motion under Florida Rule of Criminal Procedure 3.800(a), challenging, under Taylor, the imposition of three-year mandatory minimum sentences for trafficking in cocaine and trafficking in MDMA. This court stated that Gilbert’s offenses occurred within the Taylor window period and that he had presented a facially sufficient claim which may entitle him to relief. This court remanded for the trial court to consider whether Gilbert was entitled to resentencing under the 1997 statute for both offenses.
We were confronted with the same issue in Staley v. State, 860 So. 2d 981 (Fla. 2d DCA 2003). In that case, the defendant challenged by direct appeal the three-year mandatory minimum sentences imposed on him for trafficking in hydrocodone and trafficking in phenethylamines. He argued that the mandatory minimum sentences were illegal under Taylor. Because Staley’s offenses occurred in July 2001, within the Taylor window period, this court reversed the mandatory minimum sentences and remanded for resentencing “under the valid law in effect at the time of Staley’s offenses.”
We recede from Gilbert and Staley to the extent that they hold that a defendant convicted of trafficking in phenethylamines and sentenced to a mandatory minimum sentence under section 893.135(1)© is entitled to relief under Taylor. Accordingly, we affirm Wright’s judgment and sentence.
ALTENBERND, C.J., FULMER, WHATLEY, NORTHCUTT, CASANUEVA, SALCINES, STRINGER, DAVIS, SILBERMAN, COVINGTON, KELLY, CANADY, VILLANTI, and WALLACE, JJ., concur.
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State v. Strazdins, 890 So. 2d 334 (Fla. 2d DCA 2004)…2d 981 (Fla. 2d DCA 2003); Gilbert v. State, 843 So. 2d 972 (Fla. 2d DCA 2003). Thus the trial court lacked the discretion to impose a mandatory minimum sentence on Strazdins. This court receded, however, from Gilbert and Staley in Wright v. State, 869 So. 2d 24 (Fla. 2d DCA 2004) (en banc). In the meantime, the supreme court in Franklin v. State, 887 So. 2d 1063, 1069 (Fla.2004), disapproved Taylor, thereby mooting the rationale underlying Wright. In short, a mandatory minimum sentence for trafficking in M…
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Jacek Robert Zatyka v. State, 872 So. 2d 285 (Fla. 2d DCA 2004)…chapter 2000-320, Laws of Florida, which became effective October 1, 2000. Therefore, the holding of Taylor does not apply. Zatyka cites Staley v. State, 860 So. 2d 981 (Fla. 2d DCA 2003), as supporting his position. This court in Wright v. State, 869 So. 2d 24 (Fla. 2d DCA 2004) (en banc), has receded from Staley to the extent that Staley holds that a defendant convicted of trafficking in phenethylamines and sentenced to a mandatory minimum sentence is entitled to relief under Taylor. Because the mandato…
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State v. Velasquez, 879 So. 2d 1259 (Fla. 3d DCA 2004)…rule.2 Velasquez fails to recognize that the 2002 legislature re-enacted section 893.135(l)(a) in chapter 02-212, section 1, at 1454-55, Laws of Florida, [*1261] which became effective April 29, 2002.3 See Ch. 02-212, § 5, at 1499; Wright v. State, 869 So. 2d 24, 25 (Fla. 2d DCA 2004). Velasquez’s crime was committed May 6, 2002, after the section was re-enacted, so chapter 02-212 governs. Velasquez’s argument regarding chapter 99-188, therefore, is inapplicable. Accordingly, the trial court order is rever…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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)
- Urruchurtu v. State, 858 So. 2d 387 (Fla. 3d DCA 2003)
- Staley v. State, 860 So. 2d 981 (Fla. 2d DCA 2003)
- Gilbert v. State, 843 So. 2d 972 (Fla. 2d DCA 2003)