State v. Martinez

Full title: THE STATE OF FLORIDA, Appellant, v. SHAHAIRA MARTINEZ, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Mar 19, 2003

858 So. 2d 334 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 3D02-2022.

Opinion filed March 19, 2003.

An Appeal from the Circuit Court for Miami-Dade County, Robert Deehl, Judge. Lower Tribunal No. 02-9128.

Charles J. Crist, Jr, Attorney General, and Michael J. Neimand, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Billie Jan Goldstein, Assistant Public Defender, for appellee.

Before GERSTEN, GODERICH and GREEN, JJ.

PER CURIAM.

Reversed and remanded for further proceedings in accordance with State v. Franklin, 836 So.2d 1112, 2003 WL 289338 (Fla. 3d DCA, No. 3D02-597, opinion filed, February 12, 2003). Conflict is certified with Taylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002), review dismissed, 821 So.2d 302 (Fla. 2002).

GERSTEN and GODERICH, JJ., concur.

State v. Martinez

Case No. 02-2022

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

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 Nunez v. State, 27 Fla. L. Weekly D1701 (Fla. 5th DCA July 26, 2002); Carlson v. State, 27 Fla. L. Weekly D1701 (Fla. 5th DCA July 26, 2002).