Rosario v. State

Full title: JESUS D. ROSARIO, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jun 4, 2003

848 So. 2d 385 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 3D03-1232.

Opinion filed June 4, 2003.

An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Henry Leyte-Vidal, Judge. Lower Tribunal No. 00-31055.

Jesus D. Rosario, in proper person.

Charles J. Crist, Attorney General, for appellee.

Before SCHWARTZ, C.J., and GREEN and RAMIREZ, JJ.

PER CURIAM.

Affirmed on the authority of State v. Franklin, 836 So.2d 1112 (Fla. 3d DCA 2003). Conflict is certified with Taylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002), rev. dismissed, 821 So.2d 302 (Fla. 2002).

SCHWARTZ, C.J., and RAMIREZ, J., concur.

GREEN, J. (specially concurring).

The doctrine of stare decisis compels me to join in the reversal of this cause, but I continue to adhere to the view that Taylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002), review dismissed, 821 So.2d 302 (Fla. 2002), was correct in its conclusion that Chapter Law 99-188, Laws of Florida, violates the single subject rule of the Florida Constitution,accord Carlson v. State, 27 Fla. L. Weekly D1701 (Fla. 5th DCA July 26, 2002).