Hersey v. State

Full title: SCOTT HERSEY, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Sep 20, 2002

Case No. 5D01-2314 (Fla. Dist. Ct. App. Sep. 20, 2002)

Opinion

Case No. 5D01-2314.

Opinion filed September 20, 2002.

Appeal from the Circuit Court for Osceola County, Reginald K. Whitehead, Judge.

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, Anthony J. Golden, and Denise O. Simpson, Assistant Attorney Generals, Daytona Beach, for Appellee.

HARRIS, J.

ON MOTION FOR REHEARING

The State has moved for rehearing on the basis that the enactment of chapter 02-210, Laws of Florida, cured chapter 99- 188's constitutional infirmity. The State claims that this curative provision applies retroactively. We agree that under the reasoning of Dobbert v. Florida, 432 U.S. 282 (1977), it does. We grant rehearing and affirm the sentence below.

REHEARING GRANTED and SENTENCE BELOW AFFIRMED.

SHARP, W., and PLEUS, JJ., concur.