Smith v. State
Smith v. State
756 So. 2d 238; 2000 Fla. App. LEXIS 4801; 2000 WL 484798
(Southern Reporter, Second Series)
Smith v. State
Opinion of the Court
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properly concedes that defendant is entitled to be re-sentenced as the supreme court has held that the Gort Act as originally enacted is unconstitutional.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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.