Opinion
No. 3D99-2773.
Opinion filed April 26, 2000.
An Appeal under Florida Rule of Appellate Procedure 9.140(i) from the Circuit Court for Dade County, Michael A. Genden, Judge, L.T. No. 96-22029.
Charles Smith, in proper person.
Robert A. Butterworth, Attorney General, and Lara J. Edelstein, Assistant Attorney General, for appellee.
Before GERSTEN, GODERICH and SHEVIN, JJ.
Defendant seeks reversal of an order denying his motion for post-conviction relief contending that the Gort Act violated the single-subject rule. We reverse. Defendant was sentenced pursuant to the Gort Act; he committed the offenses on July 12, 1996. The state properly concedes that defendant is entitled to be resentenced as the supreme court has held that the Gort Act as originally enacted is unconstitutional. See Thompson v. State, 750 So.2d 643 (Fla. 1999);Lee v. State, 739 So.2d 1175 (Fla.3d DCA 1999). Accordingly, we vacate defendant's sentence and remand the cause for resentencing.
Reversed and remanded.