Opinion
No. 4D98-2431
Opinion filed May 31, 2000 JANUARY TERM 2000 Rehearing Denied September 25, 2000.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert B. Carney, Judge; L.T. Case No. 96-24546CF10.
Richard L. Jorandby, Public Defender, and David McPherrin, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.
Rich appeals his convictions for the crimes of battery upon a person 65 years of age or older, and robbery. In addition, Rich challenges his violent career criminal sentence imposed pursuant to section 775.084(4)(c), Florida Statutes (1997).
We affirm Rich's convictions. We hold, however, that Rich has standing to challenge the constitutionality of his violent career criminal sentence on the grounds that chapter 95-182, Laws of Florida, the law giving rise to career criminal sentencing, was adopted in violation of the single subject requirement of the Florida Constitution. See Salters v. State, 25 Fla. L. Weekly S365 (Fla. May 11, 2000) (holding thatindividuals challenging violent career criminal sentencing provisions enacted by chapter 95-182 have standing to do so if relevant criminal offenses occurred on or after October 1, 1995, and before May 24, 1997).
We, therefore, reverse Rich's sentence and remand for resentencing in accordance with the valid laws in effect on November 14th 1996, the date on which Rich committed the underlying offenses. See Thompson v. State, 750 So.2d 643 (Fla. 1999) (holding that chapter 95-182 violates the Florida Constitution's single subject requirement); Salters, 25 Fla. L. Weekly at S366 (reversing violent career criminal sentence and remanding for resentencing in accordance with the valid laws in effect at the time the defendant committed his offenses).
AFFIRM CONVICTIONS; REMAND FOR RESENTENCING.
DELL and POLEN, JJ., concur.