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756 So. 2d 238

Smith v. State

District Court of Appeal of Florida · decided 2000-04-26

Relies on 750 So. 2d 643 - State v. Thompson · Lee v. State

Decided 2000-04-26

PER CURIAM.

¶1Defendant seeks reversal of an order denying his motion for post-conviction relief contending that the Gort Act violated the single-subject rule. We reverse. Defendant was sentenced pursuant to the Gort Act; he committed the offenses on July 12, 1996. The state properly concedes that defendant is entitled to be re-sentenced as the supreme court has held that the Gort Act as originally enacted is unconstitutional. See State v. Thompson, 750 So.2d 643 (Fla.1999); Lee v. State, 739 So.2d 1175 (Fla. 3d DCA 1999). Accordingly, we vacate defendant’s sentence and remand the cause for resentencing.

¶2Reversed and remanded.

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