Reyes v. State

Full title: ORESTES REYES, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Nov 19, 2003

858 So. 2d 405 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 3D03-1048.

Opinion filed November 19, 2003.

An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Maria Espinosa Dennis, Judge. Lower Tribunal No. F00-31690.

Orestes Reyes, in proper person. Charles J. Crist, Jr., Attorney General, for appellee.

Before LEVY, GERSTEN, and GODERICH, JJ.

ON MOTION FOR CERTIFICATION

PER CURIAM.

The defendant challenges the three-year mandatory minimum sentence imposed as illegal. The three-year mandatory minimum sentence was added to the Criminal Code by Section 9 of Chapter 99-188, Laws of Florida. The defendant asserts that Chapter 99-188 violates the single subject rule and is unconstitutional. This Court has previously held that Chapter 99-188 does not violate the single subject requirement of the Florida Constitution. State v. Franklin, 836 So.2d 1112, 1113-14 (Fla. 3d DCA 2003) (en banc). As we did in that case, we certify direct conflict withTaylor v. State, 818 So.2d 544 (Fla. 2d DCA), review dismissed, 821 So.2d 302 (Fla. 2002).

Affirmed; direct conflict certified.