Florida District Courts of Appeal, 2001

Dunlap v. State

Dunlap v. State
Florida District Courts of Appeal · Decided March 7, 2001 · Cope, Fletcher, Sorondo
778 So. 2d 540; 2001 Fla. App. LEXIS 2449; 26 Fla. L. Weekly Fed. D 662 (Southern Reporter, Second Series)

Dunlap v. State

Opinion of the Court

Confession of Error

PER CURIAM.

Willie Curtis Dunlap appeals an order denying his motion for postconviction relief. Defendant-appellant Dunlap was sentenced as a violent career criminal for a crime committed on March 7, 1996. The violent career criminal statute has been declared unconstitutional, on account of a single subject rule violation, for crimes committed October 1, 1995 to May 24, 1997. Salters v. State, 758 So.2d 667, 671 (Fla. 2000); see State v. Thompson, 750 So.2d 643, 649 (Fla. 1999).

We reverse the order denying postcon-viction relief and remand for resentencing in accordance with the valid laws in effect at the time that the defendant committed the offense. Salters, 758 So.2d at 672; Thompson, 750 So.2d at 649.

Reversed and remanded for resentenc-ing.

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