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755 So. 2d 105

755 So.2d 105

25 Fla.L.WeeklySupp. 237

John v. State

Supreme Court of Florida

Decided March 23, 2000

Supreme Court of Florida · decided 2000-03-23

Relies on 750 So. 2d 643 - State v. Thompson · 708 So. 2d 315 - Thompson v. State · 749 So. 2d 501 - Gonzalez v. Singletary

Decided 2000-03-23

PER CURIAM.

¶1We have for review John v. State, 728 So.2d 824 (Fla. 3d DCA 1999), in which the Third District Court of Appeal affirmed John John’s violent career criminal sentence based on its prior decision in Higgs v. State, 695 So.2d 872 (Fla. 3d DCA 1997). In so affirming, the Johncourt certified conflict with the Second District Court of Appeal’s decision in Thompson v. State, 708 So.2d 315 (Fla. 2d DCA 1998). We have jurisdiction. See Art. V, § 3(b)(4), Fla. Const. Based on our decision in State v. Thompson, 750 So.2d 643 (Fla. 1999), we quash the decision below and remand for resentencing in accordance with the valid *106laws in effect on June 29, 1996, the date on which John committed the underlying offense in this case.1See Thompson, 750 So.2d at 649 (remanding for resentencing in accordance with the valid laws in effect at the time the defendant committed her offenses).

¶2It is so ordered.

HARDING, C.J., and SHAW, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.WELLS, J., dissents.

¶3. We note that John has standing to raise a single subject rule challenge to chapter 95-182, Laws of Florida, even assuming the window period for raising such a challenge closed on October 1, 1996, as determined by the Fourth District Court of Appeal in Salters v. State, 731 So.2d 826, 826 (Fla. 4th DCA), review granted, 749 So.2d 503 (Fla.1999).

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