Florida District Courts of Appeal, 2003

State v. Martinez

State v. Martinez
Florida District Courts of Appeal · Decided March 19, 2003 · Gersten, Goderich, Green
858 So. 2d 334; 2003 Fla. App. LEXIS 3716; 2003 WL 1240385 (Southern Reporter, Second Series)

State v. Martinez

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 Nunez v. State, 27 Fla. L. Weekly D1701, 2002 WL 1723694 (Fla. 5th DCA July 26, 2002); Carlson v. State, 27 Fla. L. Weekly D2162, - So.2d -, 2002 WL 31202145 (Fla. 5th DCA Oct. 4, 2002).

Opinion of the Court

PER CURIAM.

Reversed and remanded for further proceedings in accordance with State v. Franklin, 836 So.2d 1112 (Fla. 3d DCA, 2003). Conflict is certified with Taylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002), review dismissed, 821 So.2d 302 (Fla. 2002).

GERSTEN and GODERICH, JJ., concur.

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