From Casetext: Smarter Legal Research

Sigafoos v. State

District Court of Appeal of Florida, Second District
Sep 13, 2002
825 So. 2d 529 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 2D02-3386

Opinion filed September 13, 2002.

Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pasco County; William R. Webb, Judge.


Daniel A. Sigafoos appeals the trial court's order denying his motion to correct an illegal sentence. Mr. Sigafoos maintains that his habitual offender sentence is illegal as a result of our opinion in Taylor v. State, 818 So.2d 544 (Fla.2d DCA 2002). The trial court denied this motion, reasoning that the legislature had reenacted the statutes affected by Taylor during the 2002 legislative session. The trial court concluded that the legislature could validly reenact statutes to apply to offenses occurring prior to the reenactment.

We affirm without reviewing the trial court's reasoning. Mr. Sigafoos has not alleged or otherwise demonstrated that his sentence is illegal under the validly enacted laws that remained on the books even after this court's decision in Taylor. There is no need to apply the 2002 legislative enactments retroactively if the valid laws at the time of these offenses permitted habitual offender sentencing. See Bush v. State, 27 Fla. L. Weekly D1853 (Fla.2d DCA Aug. 14, 2002).

Affirmed.

PARKER and STRINGER, JJ., Concur.


Summaries of

Sigafoos v. State

District Court of Appeal of Florida, Second District
Sep 13, 2002
825 So. 2d 529 (Fla. Dist. Ct. App. 2002)
Case details for

Sigafoos v. State

Case Details

Full title:DANIEL A. SIGAFOOS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Sep 13, 2002

Citations

825 So. 2d 529 (Fla. Dist. Ct. App. 2002)

Citing Cases

Scott v. State

Accordingly, to be entitled to relief, Scott must allege that his sentence comes within the provisions of the…

Sanders v. State

Affirmed. See State v. Matthews, 891 So. 2d 479 (Fla. 2004); Franklin v. State, 887 So. 2d 1063 (Fla. 2004);…