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Hamilton v. State

District Court of Appeal of Florida, Fourth District
May 3, 2000
756 So. 2d 1098 (Fla. Dist. Ct. App. 2000)

Opinion

No. 4D98-2870.

Opinion filed May 3, 2000. SUBSTITUTE OPINION

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; John Phillips, Judge; L.T. No. 96-7782 CF A02 V.

Richard L. Jorandby, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Gentry Denise Benjamin, Assistant Attorney General, West Palm Beach, for appellee.


ON MOTION FOR REHEARING


We grant Appellant's motion for rehearing. We withdraw this court's opinion of March 15, 2000, and substitute the following in its place.

Appellant challenges his sentence under the 1995 sentencing guidelines on the ground that chapter 95-184, Laws of Florida, violated the single subject requirement of the Florida Constitution. The date of Appellant's offenses, stated as July 14, 1996, fits within the window period for raising such a claim.See Bortel v. State, 743 So.2d 595 (Fla. 4th DCA 1999). Based on the authority of Heggs v. State, 25 Fla. L. Weekly S137, ___ So.2d ___, (Fla. Feb. 17, 2000), we reverse Appellant's sentence and remand to the trial court for re-sentencing.

As to all other issues raised, we find no reversible error or abuse of discretion. We affirm Appellant's conviction of manslaughter with a firearm and three counts of aggravated battery with a firearm.

STONE, FARMER, and SHAHOOD, JJ., concur.


Summaries of

Hamilton v. State

District Court of Appeal of Florida, Fourth District
May 3, 2000
756 So. 2d 1098 (Fla. Dist. Ct. App. 2000)
Case details for

Hamilton v. State

Case Details

Full title:JASON A. HAMILTON, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: May 3, 2000

Citations

756 So. 2d 1098 (Fla. Dist. Ct. App. 2000)