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Hersey v. State

District Court of Appeal of Florida, Fifth District
Jul 26, 2002
831 So. 2d 679 (Fla. Dist. Ct. App. 2002)
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Summary

In Hersey v. State, 831 So.2d 679, 680 (Fla. 5th DCA 2002), the Fifth District Court of Appeal concluded that the Act violated the single subject clause in article III, section 6 of the Florida Constitution, but ultimately upheld the sentence imposed pursuant to chapter 99-188 on grounds that the Act's infirmity was retroactively cured by legislation enacted in 2002.

Summary of this case from Hersey v. State
See 8 Summaries

Opinion

Case No. 5D01-2314.

Opinion filed July 26, 2002. Opinion on Grant of Rehearing September 20, 2002. Opinion on Grant of Certification December 6, 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, and Denise O. Simpson, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, J.

Hersey appeals his conviction and sentence for robbery with a deadly weapon, aggravated battery, and aggravated assault. We affirm his conviction. The State concedes that the scoresheet used at sentencing was in error. We remand for re-sentencing under a corrected scoresheet without consideration of the "three-strike" enhancement. See Taylor v. State, 27 Fla. L. Weekly D250 (Fla. 2d DCA Jan. 23, 2002.

As did the court in Taylor, we certify the issue of the constitutionality of the amendment to the supreme court.

AFFIRMED.

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, 97 S.Ct. 2290, 53 L.Ed.2d 344 (1977), it does. We grant rehearing and affirm the sentence below.

REHEARING GRANTED, and SENTENCE BELOW AFFIRMED.

ON MOTION FOR CERTIFICATION

We grant appellant's motion for certification and certify the issue of the constitution of the curative effect of chapter 02-210, Laws of Florida as it relates tochapter 99-188 to the supreme court as one of exceptional importance.

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

Summaries of

Hersey v. State

District Court of Appeal of Florida, Fifth District
Jul 26, 2002
831 So. 2d 679 (Fla. Dist. Ct. App. 2002)

In Hersey v. State, 831 So.2d 679, 680 (Fla. 5th DCA 2002), the Fifth District Court of Appeal concluded that the Act violated the single subject clause in article III, section 6 of the Florida Constitution, but ultimately upheld the sentence imposed pursuant to chapter 99-188 on grounds that the Act's infirmity was retroactively cured by legislation enacted in 2002.

Summary of this case from Hersey v. State

In Hersey v. State, 831 So.2d 679 (Fla. 5th DCA 2002), this Court rejected that view, and, relying on Dobbert v. Florida, 432 U.S. 282 (1977), held that Chapter 02-209 could be applied retroactively without violating constitutional principles.

Summary of this case from Anglin v. State

In Hersey v. State, 831 So.2d 679 (Fla. 5th DCA 2002) (on grant of rehearing), this court agreed with the holding in Taylor that chapter 99-188 was unconstitutional because it violated the single subject rule of the Florida Constitution.

Summary of this case from Pena v. State

In Hersey v. State, 831 So.2d 679 (Fla. 5th DCA 2002), citing Dobbert v. Florida, 432 U.S. 282 (1977), we held that the 2002 chapter laws could be applied retroactively without violating constitutional principles.

Summary of this case from Phillips v. State

In Hersey, this court held in accordance with the decision in Dobbert v. Florida, 432 U.S. 282 (1977), that "the enactment of chapter 02-210, Laws of Florida, cured chapter 99-188's constitutional infirmity" and "applie[d] retroactively."

Summary of this case from Pena v. State

In Hersey, this court held in accordance with the decision in Dobbert v. Florida, 432 U.S. 282 (1977), that "the enactment of chapter 02-210, Laws of Florida, cured chapter 99-188's constitutional infirmity" and "applie[d] retroactively."

Summary of this case from Fillyaw v. State

In Hersey v. State, 831 So.2d 679 (Fla. 5th DCA 2002), citing Dobbert v. Florida, 432 U.S. 282 (1977), we held that the 2002 chapter laws could be applied retroactively without violating constitutional principles.

Summary of this case from Jackson v. State

In Hersey v. State, 831 So.2d 679 (Fla. 5th DCA 2002), this court held that the enactment of Chapter 02-210, Laws of Florida, cured Chapter 99-188's constitutional infirmity and applied retroactively.

Summary of this case from Diaz v. State
Case details for

Hersey v. State

Case Details

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

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 26, 2002

Citations

831 So. 2d 679 (Fla. Dist. Ct. App. 2002)

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