State v. Watkiss

Full title: THE STATE OF FLORIDA, Appellant, v. JOHN MAXWELL WATKISS, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Mar 26, 2003

845 So. 2d 921 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 3D02-744.

Opinion filed March 26, 2003.

An appeal from the Circuit Court of Miami-Dade County, Peter R. Lopez, Judge. Lower Tribunal No. F00-22547.

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

Bennett H. Brummer, Public Defender, and Lisa Walsh, Assistant Public Defender, for appellee.

Before GERSTEN, GREEN, and FLETCHER, JJ.

PER CURIAM.

Reversed and remanded for further proceedings in accordance with State v. Franklin, 836 So.2d 1112 (Fla. 3d DCA 2003). Conflict is certified withTaylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002), rev. dismissed, 821 So.2d 302 (Fla. 2002).

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).