Public-domain · open source
OpenJurist

738 So. 2d 436

Docket No. 99-1437.

McKenzie v. State

Claude Emerald McKENZIE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1999-07-21

Cited by 19 later decisions — most recently March 2017

12 state decisions

Relies on 729 So. 2d 373 - MEMORIAL HOSPITAL-WEST v. News-Journal · 718 So. 2d 263 - Heggs v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1999-07-21

View the full empirical analysis of this case →

¶1Claude E. McKenzie, in proper person.

¶2Robert A. Butterworth, Attorney General, for appellee.

¶3Before COPE, LEVY and GREEN, JJ.

¶4PER CURIAM.

¶5Claude E. McKenzie appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Defendant was sentenced as a habitual violent felony offender. The date of the offense was October 14, 1996.

¶6Relying on Heggs v. State, 718 So.2d 263 (Fla. 2d DCA 1998), review granted, 729 So.2d 391 (Fla.1999), defendant-appellant in his motion contends that the statute under which he was sentenced was unconstitutional because it violated the single subject rule. The Second District in Heggs suggested that chapter 95-184, Laws of Florida, violated the single subject rule and passed the question through the Florida Supreme Court for immediate resolution. See 718 So.2d at 264-65.

¶7The Heggs decision has no impact on the defendant's case. While chapter 95-184, Laws of Florida covered a number of criminal law issues, it made no change in the sentencing provisions for habitual violent felony offenders. That being so, the trial court correctly rejected the defendant's claim based on Heggs.

¶8We likewise find no error in the trial court's rejection of the defendant's remaining claims.

¶9Affirmed.

/738/so2d/436 · .json · Public domain