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862 So. 2d 63

Jones v. State

District Court of Appeal of Florida

Decided November 5, 2003

District Court of Appeal of Florida · decided 2003-11-05

Cited by 2 later decisions — most recently November 2016

2 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 · Gende v. Florida Department of Children & Families

Good law ✅— No negative treatment on recordhow we know

Decided 2003-11-05

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FULMER, Judge.

¶1Joseph Jones appeals a three-year minimum mandatory sentence for trafficking in cocaine under section 893.135(l)(b), Florida Statutes (2000), for an offense committed on February 19, 2001. The minimum mandatory sentencing provision was added by chapter 99-188, Laws of Florida, which this court declared unconstitutional as a violation of the single subject requirement. See Taylor v. State, 818 So.2d 544 (Fla. 2d DCA), review dismissed, 821 So.2d 302 (Fla.2002) (table decision). This court has also held that the subsequent reenactments of these provisions cannot be retroactively applied without violating the Ex Post Facto Clauses in the United States and Florida Constitutions. Green v. State, 839 So.2d 748 (Fla. 2d DCA 2003), review granted by State v. Franklin, Nos. SC03-413 & SC03-532 (Fla. Sept. 19, 2003). Because the offense date falls within the Taylorwindow, see Green, 839 So.2d at 750 n. 1, we reverse the minimum mandatory sentence. We also certify that Taylorand Greenconflict with State v. Franklin, 836 So.2d 1112 (Fla. 3d DCA 2003), review granted, Nos. SC03-413 & SC03-532, 854 So.2d 659 (Fla. Sept. 19, 2003).

¶2Sentence reversed; remanded for resen-tencing; conflicts certified.

WHATLEY and COVINGTON, JJ„ Concur.
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