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Davis v. State

District Court of Appeal of Florida, Second District
Apr 24, 1998
709 So. 2d 641 (Fla. Dist. Ct. App. 1998)

Opinion

No. 96-02597

Opinion filed April 24, 1998.

Appeal from the Circuit Court for Hillsborough County; Claudia R. Isom, Judge.

James Marion Moorman, Public Defender, and Robert D. Rosen, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.


Michael Davis appeals from his sentence as a violent career criminal for offenses occurring on January 22, 1996. InThompson v. State, 23 Fla. L. Weekly D713 (Fla. 2d DCA Mar. 13, 1998), this court held that chapter 95-182, Laws of Florida, which created violent career criminal sentencing, is unconstitutional as a violation of the single subject rule. Thus, based on Thompson, we reverse Davis's violent career criminal sentence and remand for resentencing in accordance with the valid laws in effect at the time of Davis's sentencing on May 7, 1996.

Reversed and remanded.

QUINCE and WHATLEY, JJ., Concur.


Summaries of

Davis v. State

District Court of Appeal of Florida, Second District
Apr 24, 1998
709 So. 2d 641 (Fla. Dist. Ct. App. 1998)
Case details for

Davis v. State

Case Details

Full title:MICHAEL DAVIS a/k/a ANTHONY LEE THOMAS, Appellant, v. STATE OF FLORIDA…

Court:District Court of Appeal of Florida, Second District

Date published: Apr 24, 1998

Citations

709 So. 2d 641 (Fla. Dist. Ct. App. 1998)

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State v. Davis

PER CURIAM. We have for review Davis v. State, 709 So.2d 641 (Fla. 2d DCA 1998), in which the Second District…