¶1The appellant challenges a habitual violent felony offender sentence, asserting that chapter 89-280, Laws of Florida, violates the single subject requirement of article III, section 6, Florida Constitution. We found chapter 89-280 to be unconstitutional on this basis in Johnson v. State, 589 So.2d 1370 (Fla. 1st DCA 1991), juris, accepted, Nos. 79,150 and 79,204 (Fla. May 19, 1992). In accordance with Johnsonand Claybourne v. State, 600 So.2d 516 (Fla. 1st DCA 1992), petition for review filed, No. 80,157 (Fla. July 10, 1992), we therefore vacate the sentence and remand for resen-tencing. However, we acknowledge conflict with decisions such as State v. Sheppard, 612 So.2d 584 (Fla. 2d DCA 1992); Beaubrum v. State, 595 So.2d 254 (Fla. 3d DCA 1992) juris, accepted, 605 So.2d 1262 (Fla.1992); and McCall v. State, 583 So.2d 411 (Fla. 4th DCA 1991), juris, accepted, 593 So.2d 1052 (Fla.1992). We also certify the same question of great public importance as was certified in Johnsonand Claybourne.
609 So. 2d 159
McCray v. State
District Court of Appeal of Florida
Decided December 7, 1992
District Court of Appeal of Florida · decided 1992-12-07
Cited by 1 later decisions — most recently October 1993
1 state decisions
Relies on 605 So. 2d 1261 - A.B.G. v. State · 593 So. 2d 1049 - Aira v. State · 589 So. 2d 1370 - Johnson v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1992-12-07
View the full empirical analysis of this case →