Florida District Courts of Appeal, 2003

Folchi v. State

Folchi v. State
Florida District Courts of Appeal · Decided March 5, 2003 · Cope, Green, Ramirez
838 So. 2d 690; 2003 Fla. App. LEXIS 2625; 2003 WL 729058 (Southern Reporter, Second Series)

Folchi v. State

Opinion of the Court

PER CURIAM.

Affirmed. See State v. Franklin, 836 So.2d 1112 (Fla. 3d DCA 2003).

Concurring Opinion

GREEN, J.

(specially concurring).

I realize that I am bound by the doctrine of stare decisis to affirm the defendant’s conviction and sentence in this case. However, in accordance with my dissent in State v. Franklin, 836 So.2d 1112 (3d DCA 2003), I believe that Chapter Law 99-188, Laws of Florida, is violative of the single subject requirement of the Florida Constitution. See Art. Ill, § 6, Fla. Const.; see also Taylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002), review dismissed, 821 So.2d 302 (Fla. 2002).

Concurring Opinion

COPE, J.

(specially concurring).

While obliged to follow the majority opinion in State v. Franklin, 836 So.2d 1112 (Fla. 3d DCA 2003), for the reasons I expressed in my dissent in that case chapter 99-188, Laws of Florida, violates the single subject requirement of the Florida Constitution. For the reasons stated in my dissenting opinion in State v. Barnes, 836 So.2d 1126 (Fla. 3d DCA 2003), the mandatory minimum sentence involved in this case cannot lawfully be imposed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.