Opinion
No. 3D00-3016.
Opinion filed March 7, 2001.
An appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Roberto M. Pineiro, Judge. Lower Tribunal No. 96-7367.
Reversed and Remanded for Resentencing.
Willie Curtis Dunlap, in proper person. Robert A. Butterworth, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee.
Before COPE, FLETCHER and SORONDO, JJ.
Confession of Error
Willie Curtis Dunlap appeals an order denying his motion for postconviction relief. Defendant-appellant Dunlap was sentenced as a violent career criminal for a crime committed on March 7, 1996. The violent career criminal statute has been declared unconstitutional, on account of a single subject rule violation, for crimes committed October 1, 1995 to May 24, 1997. Salters v. State, 758 So.2d 667, 671 (Fla. 2000); see State v. Thompson, 750 So.2d 643, 649 (Fla. 1999).
We reverse the order denying postconviction relief and remand for resentencing in accordance with the valid laws in effect at the time that the defendant committed the offense. Salters, 758 So. 2d at 672; Thompson, 750 So.2d at 649.
Affirmed.