From Casetext: Smarter Legal Research

Brown v. State

Supreme Court of Florida
Aug 31, 2000
768 So. 2d 443 (Fla. 2000)

Opinion

No. SC00-877.

Opinion filed August 31, 2000.

Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict, Fourth District — No. 4D97-2770 (Broward County).

Richard Jorandby, Public Defender, and David J. McPherrin, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, Florida, for Petitioner.

Robert A. Butterworth, Attorney General, Celia Terenzio, Assistant Attorney General, Bureau Chief, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, Florida, for Respondent.


We have for review Brown v. State, 753 So.2d 760 (Fla. 4th DCA 2000), wherein the Fourth District Court of Appeal certified conflict with the Second District's decision in Thompson v. State, 708 So.2d 315 (Fla. 2d DCA 1998), approved, 750 So.2d 643 (Fla. 1999), on the issue of standing to challenge chapter 95-182, Laws of Florida, as violative of the single subject rule contained in article III, section 6 of the Florida Constitution. We have jurisdiction. See Art. V, § 3(b)(4), Fla. Const.

Pursuant to our decision in Salters v. State, 758 So.2d 667 (Fla. 2000), and the State's confession of error, we quash the decision below to the extent that it is inconsistent with Salters, and remand for resentencing in accordance with the valid laws in effect on the date of the offense.

It is so ordered.

SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.

WELLS, C.J., concurs in result only.


Summaries of

Brown v. State

Supreme Court of Florida
Aug 31, 2000
768 So. 2d 443 (Fla. 2000)
Case details for

Brown v. State

Case Details

Full title:OLIVER BROWN, Petitioner v. STATE OF FLORIDA, Respondent

Court:Supreme Court of Florida

Date published: Aug 31, 2000

Citations

768 So. 2d 443 (Fla. 2000)