Florida District Courts of Appeal, 2000

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided April 26, 2000 · Gersten, Goderich, Shevin
756 So. 2d 238; 2000 Fla. App. LEXIS 4801; 2000 WL 484798 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

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properly concedes that defendant is entitled to be re-sentenced as the supreme court has held that the Gort Act as originally enacted is unconstitutional. See State v. Thompson, 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.

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