643 SO2D 46 - Rankin v. State

How this case has been cited

Cited by 11 later decisions — most recently December 2018

9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

PER CURIAM.

¶1Michael Rankin appeals his habitual felony offender sentence for robbery with a firearm1, contending it violates State v. Johnson, 616 So.2d 1 (Fla.1993). We agree, as does the state.

¶2The robbery of which Rankin was convicted occurred on August 20,1990. Rankin was sentenced as a habitual felony offender based on prior convictions in other states, a basis allowed by the chapter 89-280 amendments to section 776.084, Florida Statutes (1989). However, the supreme court held that those amendments violated the single subject requirement of the Florida Constitution until that violation was cured by the reenactment of the amendments on May 2,1991. Id. at 4. It further held that any defendants sentenced prior to May 2,1991, whose sentences were affected by the chapter 89-280 amendments had to be resentenced. Id.

¶3Accordingly, we reverse Rankin’s sentence and remand for resentencing. Upon remand, the state shall be permitted to present evidence that Rankin meets the criteria of the habitual offender statute.

¶4Reversed and remanded for resentencing.

DANAHY, A.C.J., and THREADGILL and LAZZARA, JJ., concur.

¶5. This sentence was imposed upon remand by this court in Rankin v. State, 596 So.2d 528 (Fla. 2d DCA 1992), in which we reversed and remanded for resentencing in light of Burdick v. State, 594 So.2d 267 (Fla.1992).