Opinion
No. 4D97-3934.
Opinion filed June 14, 2000.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert B. Carney, Judge; L.T. No. 96-20292 CF10A.
Richard L. Jorandby, Public Defender, and Siobhan Helene Shea, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Sylvie Perez-Posner, Assistant Attorney General, Fort Lauderdale, for appellee.
The Defendant was found guilty of two crimes that occurred on October 24, 1996. He now appeals his sentence, arguing that the trial court erred by sentencing him under chapter 95-182 because it violated the single subject rule.
Because the window period for raising single subject challenges to chapter 95-182 opened on October 1, 1995, and closed on May 24, 1997, the Defendant has standing to raise this issue. See Salters v. State, 25 Fla. L. Weekly S365, S366 (Fla. May 11, 2000). Moreover, he is correct in arguing chapter 95-182 is unconstitutional because it violates the single subject rule. See State v. Thompson, 750 So.2d 643 (Fla. 1999). We reverse the Defendant's sentence and remand for resentencing in accordance with the valid laws in effect on October 24, 1996, the date on which he committed the underlying offenses in this case. See Salters, 25 Fla. L. Weekly at S366.
REVERSED AND REMANDED.
GUNTHER, FARMER and KLEIN, JJ., concur.