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839 So. 2d 702

Sweezey v. State

District Court of Appeal of Florida

Decided November 8, 2002

District Court of Appeal of Florida · decided 2002-11-08

Cited by 3 later decisions — most recently April 2009

1 federal appellate · 1 state decisions

Relies on 821 So. 2d 263 - Amendments to Florida Supreme Court Approved Family Law Forms—Stepparent Adoption Forms · 818 So. 2d 544 - Taylor v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2002-11-08

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BLUE, Chief Judge.

¶1Michael D. Sweezey appeals his convictions and sentences for conspiracy to traffic in methamphetamine, possession with intent to sell, and possession of paraphernalia. We affirm the convictions without discussion but reverse the minimum mandatory sentence for conspiracy to traffic.

¶2Sweezey argues, and the State properly concedes, that the seven-year, minimum mandatory sentence for conspiracy to traffic in methamphetamine was authorized by chapter 99-188, Laws of Florida, which this court found unconstitutional as a violation of the single subject rule. See Taylor v. State, 818 So.2d 544 (Fla. 2d DCA), review dismissed, 821 So.2d 302 (Fla.2002). Accordingly, based on Taylor, we reverse the sentence and remand for resentencing in accordance with the valid laws in effect on the date of Sweezey’s offense.

¶3Affirmed in part; reversed in part; remanded for resentencing.

SALCINES and DAVIS, JJ., Concur.
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