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Stuart v. State

District Court of Appeal of Florida, Third District
Mar 1, 2000
751 So. 2d 752 (Fla. Dist. Ct. App. 2000)

Opinion

No. 3D99-2069.

Opinion filed March 1, 2000.

Appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Dade County, Pedro P. Echarte, Jr., Judge, L.T. No. 96-1746.

Mac. W. Stuart, in proper person.

Robert A. Butterworth, Attorney General and Linda S. Katz, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J. and GREEN and FLETCHER, JJ.


The appellant appeals his sentence for robbery with a deadly weapon claiming that his sentence is illegal because it was based on the 1995 sentencing guidelines, chapter 95-184, Laws of Florida (1995), which violates the single subject rule contained in article III, section 6, Florida Constitution. Based on the Florida Supreme Court's recent pronouncement in Heggs v. State, No. SC93851 (Fla. Feb. 17, 2000), wherein the court held that chapter 95-184 does violate the single subject rule, we remand this case for resentencing in accordance with the valid laws in effect at the time that the appellant committed his offense.

Remanded for resentencing.


Summaries of

Stuart v. State

District Court of Appeal of Florida, Third District
Mar 1, 2000
751 So. 2d 752 (Fla. Dist. Ct. App. 2000)
Case details for

Stuart v. State

Case Details

Full title:MAC W. STUART, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Mar 1, 2000

Citations

751 So. 2d 752 (Fla. Dist. Ct. App. 2000)

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