Opinion
Case No. 4D03-277.
Opinion filed May 5, 2004.
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County, Robert R. Makemson, Judge, L.T. Case Nos. 00-2797 CF, 00-2807 CF 01-1342 CF.
David M. Lamos, Fort Pierce, for appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.
Michael Delprete pled no contest to March 2001 charges of trafficking in oxycodone and unlawfully filling a prescription. With respect to the trafficking charge, Delprete was sentenced to fifteen years incarceration with a three-year mandatory minimum. On appeal, as he did below, Delprete contends that the imposition of the three-year mandatory minimum for the 2001 trafficking offense is unconstitutional because (1) the 1999 legislation authorizing the mandatory minimum violated the single subject rule and (2) any retroactive application of the 2002 legislative re-enactment of the mandatory minimum violates the ex post facto clause. In Hernandez-Molina v. State, 860 So.2d 483 (Fla. 4th DCA 2003) (en banc), decided subsequent to the filing of Delprete's initial brief, this court held that the legislation authorizing the mandatory minimum was not enacted in violation of the single subjection rule. See also Pitts v. State, 855 So.2d 681 (Fla. 1st DCA 2003); State v. Franklin, 836 So.2d 1112 (Fla. 3d DCA), review granted, 854 So.2d 659 (Fla. 2003). Thus, we affirm Delprete's sentence. As we did in Hernandez-Molina, however, we certify conflict with the Second District's decision in Taylor v. State, 818 So.2d 544 (Fla. 2d DCA), review dismissed, 821 So.2d 302 (Fla. 2002).
See Ch. 99-188, § 9, at 1058, Laws of Fla.
See Ch. 02-212, §§ 1, 4, at 1454-60, 1499, Laws of Fla.
STONE, STEVENSON and HAZOURI, JJ., concur.