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745 So. 2d 1100

Dixon v. State

District Court of Appeal of Florida

Decided November 24, 1999

District Court of Appeal of Florida · decided 1999-11-24

Cited by 1 later decisions — most recently July 2000

1 state decisions

Relies on 616 So. 2d 1 - State v. Johnson · State v. Boyd · 708 So. 2d 315 - Thompson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1999-11-24

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¶1ON MOTION FOR REHEARING

PER CURIAM.

¶2We deny appellant’s motion for rehearing and issue the following opinion.

¶3We affirm appellant’s conviction for battery on a law enforcement officer and sentence as a violent career criminal pursuant to section 775.084(l)(c), Florida Statutes (Supp.1996). In addition, we hold that appellant’s opportunity to challenge his sentence, based upon the constitutionality of the statute, ended on October 1, 1996. Consequently, appellant lacked standing to challenge this issue, since his offense occurred on March 21, 1997. “Once reenacted as a portion of the Florida Statutes, a chapter law is no longer subject to challenge on the grounds that it violates the single subject requirement of Article III.” Scott v. State, 721 So.2d 1245, 1246 (citing State v. Johnson, 616 So.2d 1, 2 (Fla.1993)). See Bortel v. State, 743 So.2d 595 (Fla. 4th DCA 1999); Salters v. State, 731 So.2d 826 (Fla. 4th DCA 1999); Williams v. State, 729 So.2d 1005 (Fla. 4th DCA 1999).

¶4We recognize and certify to the Supreme Court that our holding, as to the window of opportunity to challenge the statute, conflicts with Thompson v. State, 708 So.2d 315 (Fla. 2d DCA), rev. granted, 717 So.2d 538 (Fla.1998).

¶5AFFIRMED.

KLEIN, TAYLOR and HAZOURI, JJ., concur.
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