Williams v. State

Full title: HENRY WILLIAMS, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Jan 20, 1999

740 So. 2d 3 (Fla. Dist. Ct. App. 1999)

Opinion

No. 97-04516.

Opinion filed January 20, 1999.

Appeal from the Circuit Court for Hillsborough County, Chet A. Tharpe, Judge.

James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.

PATTERSON, Judge.

Henry Williams appeals from his sentence as a violent career criminal for an offense occurring on November 27, 1996. InThompson v. State, 708 So.2d 315 (Fla. 2d DCA),review granted, 717 So.2d 538 (Fla. 1998), this court held that chapter 95-182, Laws of Florida, which created violent career criminal sentencing, is unconstitutional as a violation of the single subject rule. Thus, based on Thompson, we reverse Williams' violent career criminal sentence and remand for resentencing in accordance with the valid laws in effect at the time of Williams' sentencing on October 1, 1997.

Reversed and remanded.

PARKER, C.J., and DANAHY PAUL W., (SENIOR) JUDGE, Concur.