CHRISTOPHER LEWIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Christopher Lewis appealed the denial of his motion to correct an illegal sentence for cocaine trafficking, arguing that the mandatory minimum sentence was illegal under Taylor v. State, which declared Chapter 99-188 unconstitutional. The court affirmed the denial, holding that although the constitutional defect was not retroactively cured, the corrective legislation (Chapters 02-208 through 02-212) was valid and applicable because Lewis committed his offense after the effective date of the corrective laws.
The court affirmed the denial of Lewis's motion to correct an illegal sentence. Although Chapter 99-188 was declared unconstitutional in Taylor, the corrective legislation (Chapters 02-208 through 02-212) validly cured the single subject rule violation as of April 12, 2002. Because Lewis committed his offense on May 9, 2003—more than a year after the corrective legislation became effective—there is no issue of retroactive application, and the sentence is legal.
[1] A motion to correct an illegal sentence under Rule 3.800(a) is properly denied when the sentence is not illegal.
[2] Legislation reenacting provisions previously declared unconstitutional can cure the constitutional defect.
Previewing 2 of 4 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“Lewis committed the charged offense on May 9, 2003. In Taylor, the court held that Chapters 02-208 through 02-212, Laws of Florida, which reenacted the provisions of Chapter 99-188, cured the single subject rule as of April 12, 2002.”
Establishes the critical timing issue—that the corrective legislation became effective before Lewis committed his offense, making retroactive application unnecessary.
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Join FLexlaw to unlock all legal intelligenceChristopher Lewis was convicted of trafficking in cocaine in an amount greater than 28 grams and received a three-year minimum mandatory sentence. Lew…
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ORFINGER, J.
Christopher Lewis appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Lewis alleges that the three-year minimum mandatory sentence imposed following his conviction for trafficking in cocaine in an amount greater than 28 grams, is illegal based on Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA), review dismissed, 821 So. 2d 302 (Fla.2002), which declared Chapter 99-188, Laws of Florida, unconstitutional. Although in Hersey v. State, 831 So. 2d 679 (Fla. 5th DCA 2002), this Court previously held that the constitutional defect in Chapter 99-188 was retroactively cured based on the Legislature’s enactment of Chapters 02-208 through 02-212, Laws of Florida, we recently receded from that position in Jones v. State, 872 So. 2d 938 (Fla. 5th DCA 2004).
Nonetheless, as the trial court correctly observed, Lewis committed the charged offense on May 9, 2003. In Taylor, the court held that Chapters 02-208 through 02-212, Laws of Florida, which reenacted the provisions of Chapter 99-188, cured the single subject rule as of April 12, 2002. See also Wright v. State, 869 So. 2d 24 (Fla. 2d DCA 2004); Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003). No court has held that Chapters 02-208 through 02-212 violated the single subject rule. To the contrary, the courts have only held that the corrected laws cannot be applied retroactively. As Lewis committed his offense more than a year after the effective date of the corrective legislation, there is no issue of retroactive application. Accordingly, the trial court’s order denying Lewis’s motion to correct an illegal sentence is affirmed.
AFFIRMED.
SHARP, W., and PETERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002)
- Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003)
- Hersey v. State, 831 So. 2d 679 (Fla. 5th DCA 2002)
- Jones v. State, 872 So. 2d 938 (Fla. 5th DCA 2004)
- Wright v. State, 869 So. 2d 24 (Fla. 2d DCA 2004)