Washington v. State

Florida District Courts of Appeal
Washington v. State, 843 So. 2d 317 (2003)
2003 Fla. App. LEXIS 4420; 2003 WL 1722926
Green, Levy, Ramirez

Washington v. State

Opinion of the Court

ON MOTION FOR REHEARING

PER CURIAM.

We grant the appellant’s motion for rehearing, withdraw our prior opinion and substitute this opinion in its stead:

Based upon our recent decision in State v. Franklin, 836 So.2d 1112 (Fla 3d. DCA 2003), we affirm the lower court’s denial of the appellant’s Motion to Correct Illegal Sentence pursuant to Rule 3.800, Fla. R.Crim. P., and certify conflict with Taylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002), review dismissed, 821 So.2d 302 (Fla. 2002).

Concurring Opinion

GREEN, J.,

specially concurring.

The doctrine of stare decisis compels me to join in the reversal of this cause, but I continue to adhere to the view that Taylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002), review dismissed, 821 So.2d 302 (Fla. 2002), was correct in its conclusion that Chapter Law 99-188, Laws of Florida, violates the single subject rule of the Florida Constitution, accord Carlson v. State, 27 Fla. L. Weekly D2162, — So.2d -, 2002 WL 31202145 (Fla. 5th DCA Oct. 4, 2002).

Reference

Full Case Name
Steven B. WASHINGTON v. The STATE of Florida
Cited By
1 case
Status
Published