Webb v. State
Webb v. State
Opinion of the Court
The attorney for James Webb filed a brief in this belated appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and Webb subsequently filed a pro se brief challenging his judgment and sentence for robbery. This court determined that Webb had raised an issue of arguable merit and, pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), ordered appellate counsel to file a brief addressing whether Webb should be resentenced in light of the Florida Supreme Court’s recent decision finding chapter 95-182, Laws of Florida, unconstitutional. After a review of the supplemental briefs on that issue, we conclude that the trial court erred in sentencing Webb. We affirm Webb’s conviction without discussion.
The trial court sentenced Webb after orally finding that Webb qualified as a violent career criminal under section 775.084(l)(c), Florida Statutes (Supp. 1996).
Reversed and remanded.
. It should be noted that the judgment and sentence reflects that Webb was sentenced as a habitual violent felony offender pursuant to section 775.084(4)(b), Florida Statutes (Supp. 1996). The form does not have a space for classifying a defendant under section 775.084(l)(c), Florida Statutes (Supp. 1996).
. We acknowledge the supreme court’s holding that the act which triggers the window period is the commission of the offense. See State v. Thompson, 750 So.2d 643, 649 (Fla. 1999).
.We measured this window period from the effective date of chapter 95-182, Laws of Florida, to the date when chapter 97-97, Laws of Florida, reenacted the 1995 amendments contained in chapter 95-182 as part of the Florida Statutes' biennial adoption. See Thompson v. State, 708 So.2d 315, 317 n. 1 (Fla. 2d DCA 1998), review granted, 717 So.2d 538 (Fla. 1998), remanded, 750 So.2d 643 (Fla. 1999).
Concurring Opinion
Concurring.
Because of the language in Thompson v. State, 708 So.2d 315, 317 n. 1 (Fla. 2d DCA 1998), review granted, 717 So.2d 538 (Fla. 1998), remanded, 750 So.2d 643 (Fla. 1999), I reluctantly concur in this decision. Were I writing from a blank slate, I would affirm this case. Webb assumed that he was within the window period based on what I conclude is dicta in Thompson, which stated that the window period for challenges to the constitutionality of chapter 95-182 extended from October 1, 1995 to May 24, 1997.
In this case, Webb committed the underlying offense on December 17, 1996, and the court sentenced him as a violent career criminal under section 775.084(l)(c), Florida Statutes (Supp. 1996) (as amended by chapter 96-388). Because he did not commit the underlying offense within the applicable window period for challenges to chapter 95-182, I conclude Webb does not have standing to challenge the constitutionality of that chapter. Therefore, but for Thompson, I would affirm Webb’s sentence as a violent career criminal and certify conflict with Brown v. State, 756 So.2d 230 (Fla. 3d DCA 2000).
. This window period would be correct if the applicable statutory provision was not amended in another chapter law before the biennial adoption of the 1995 amendments. See State v. Johnson, 616 So.2d 1, 2 (Fla. 1993) ("Once reenacted as a portion of the Florida Statutes, a chapter law is no longer subject to challenge on the grounds that it violates the single subject requirement of article III, section 6, of the Florida Constitution.").
Case-law data current through December 31, 2025. Source: CourtListener bulk data.