MICHAEL KEINZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Michael Keinz appealed the trial court's denial of his motion challenging three-year minimum mandatory sentences imposed for drug trafficking convictions as unconstitutional. The appellate court agreed that the sentencing statute was unconstitutional and reversed the sentences for two of the three trafficking convictions, remanding for resentencing under valid prior law.
The court held that the minimum mandatory sentences imposed for trafficking in four grams or more of heroin and trafficking in twenty-eight grams or more of cocaine were illegal and unconstitutional. The sentences must be vacated and the defendant resentenced under the valid laws in effect on the date of the offenses.
[1] A statute providing for minimum mandatory sentences for drug trafficking offenses may be unconstitutional.
[2] Reenactment of minimum mandatory terms for drug trafficking offenses with retroactive application does not cure prior unconstitutionality if the reenactment itself is fou…
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Join FLexlaw to unlock all legal intelligence“Keinz does not appeal his convictions or the sentence imposed for the offense of trafficking in more than 400 grams of cocaine. However, he does challenge the trial court's denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(b) in which he claimed that the three-year minimum mandatory terms imposed for his convictions for trafficking in heroin and trafficking in twenty-eight grams or more of cocaine were illegal.”
Establishes the scope of the appeal—limited to the legality of two of the three minimum mandatory sentences.
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Join FLexlaw to unlock all legal intelligenceKeinz pleaded no contest to trafficking in more than 400 grams of cocaine, trafficking in four grams or more of heroin, and trafficking in twenty-eigh…
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SALCINES, Judge.
Michael Keinz pleaded no contest to charges of trafficking in more than 400 grams of cocaine, trafficking in four grams or more of heroin, and trafficking in twenty-eight grams or more of cocaine. Keinz does not appeal his convictions or the sentence imposed for the offense of trafficking in more than 400 grams of cocaine. However, he does challenge the trial court’s denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(b) in which he claimed that the three-year minimum mandatory terms imposed for his convictions for trafficking in heroin and trafficking in twenty-eight grams or more of cocaine were illegal.
In support of his argument, Keinz cited to Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002), in which this court found that chapter 99-188, Laws of Florida, providing for the imposition of minimum mandatory sentences for these offenses, is unconstitutional. But see State v. Franklin, 836 So. 2d 1112 (Fla. 3d DCA 2003). In response, the State argued that the trial court did not err when it imposed the minimum mandatory sentences because before the Taylor opinion became final, the legislature reenacted the minimum mandatory terms for drug trafficking and provided for retroactive application of the statute. See ch.2002-212, Laws of Fla. This court recently rejected the State’s argument in Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003). Accordingly, we affirm the convictions; affirm the sentence for trafficking in 400 grams or more of cocaine; reverse the sentences for trafficking in four grams or more of heroin and trafficking in twenty-eight grams or more of cocaine; and remand for resentencing on those two convictions in accordance with the valid laws in effect on the date of the offenses, December 14,1999.
We certify conflict with Carlson v. State, 27 Fla. L. Weekly D2162, 2002 WL 31202145 (Fla. 5th DCA Oct.4, 2002), Lecom v. State, 832 So. 2d 818 (Fla. 5th DCA 2002), and Jones v. State, 27 Fla. L. Weekly D2377, 2002 WL 31431541 (Fla. 5th DCA Nov.1, 2002). We also 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, and remanded for resentencing in accordance with this opinion.
ALTENBERND, C.J., and KELLY, J., Concur.
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)
- 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)