Bunch v. State, 99-1043.
Decision Date | 13 September 1999 |
Docket Number | No. 99-1043.,99-1043. |
Citation | 743 So.2d 577 |
Parties | Eugene BUNCH a/k/a Gene Bunch, Appellant, v. The STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Eugene Bunch a/k/a Gene Bunch, in proper person.
Robert A. Butterworth, Attorney General and Simone P. Firley, for appellee. Before GERSTEN, GREEN, and SORONDO, JJ.
Affirmed.
While I agree with the appellant's conviction for burglary and petit theft, I write separately to address the appellant's sentence entered pursuant to the "Officer Evelyn Gort and all Fallen Officers Career Criminal Act of 1995," Chapter 95-182, Laws of Florida. As I have previously written in my special concurring opinions in Williams v. State, 731 So.2d 99 (Fla. 3d DCA 1999); Valdes v. State, 728 So.2d 1225 (Fla. 3d DCA 1999); John v. State, 724 So.2d 708 (Fla. 3d DCA 1999); English v. State, 721 So.2d 1250 (Fla. 3d DCA 1998); and Elliard v. State, 714 So.2d 1218 (Fla. 3d DCA), review granted, 728 So.2d 201 (Fla.1998), I believe that this act, as written, is unconstitutional because it violates the single subject requirement of article III, section 5 of the Florida Constitution for the reasons set forth in the Second District's opinion in Thompson v. State, 708 So.2d 315 (Fla. 2d DCA), review granted, 717 So.2d 538 (Fla.1998). Therefore, I believe that this court should recede from its opinion in Higgs v. State, 695 So.2d 872 (Fla. 3d DCA 1997), and its progeny1, reverse the appellant's sentence and remand for resentencing.
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