Gonzalez v. State, 99-2309.
Decision Date | 20 October 1999 |
Docket Number | No. 99-2309.,99-2309. |
Citation | 742 So.2d 528 |
Parties | Rolando GONZALEZ, Appellant, v. The STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Rolando Gonzalez, in proper person.
Robert A. Butterworth, Attorney General, for appellant.
Before JORGENSON, GERSTEN, and GREEN, JJ.
rev. granted, 720 So.2d 518 (Fla.1998) in certifying the issue to the Florida Supreme Court as a matter of great public importance. The judgment entered below is affirmed.
Affirmed.
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 Venero v. State, 741 So.2d 1189 (Fla. 3d DCA 1999); Bunch v. State, 24 Fla. L. Weekly D2117, 743 So.2d 577 (Fla. 3d DCA 1999); Levan v. State, 24 Fla. L. Weekly D2122, 741 So.2d 611 (Fla. 3d DCA 1999); Scruggs v. State, 738 So.2d 1038, 24 Fla. L. Weekly D2066 (Fla. 3d DCA 1999); Cazeau v. State, 24 Fla. L. Weekly D2018, 740 So.2d 1250 (Fla.App. 3 DCA 1999); 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.
To continue reading
Request your trial- Florida Specialty, Inc. v. H 2 Ology, Inc.
-
Diaz v. State
...the constitutionality of the 1995 sentencing guidelines. See Johnson v. State, 744 So.2d 559 (Fla. 3d DCA 1999); Gonzalez v. State, 742 So.2d 528 (Fla. 3d DCA 1999); Medina v. State, 743 So.2d 116 (Fla. 3d DCA 1999); Valdes v. State, 728 So.2d 1225 (Fla. 3d DCA Furthermore, we find that the......
-
Gonzalez v. State
...and Roberta G. Mandel, Assistant Attorney General, Miami, Florida, for Respondent. PER CURIAM. We have for review Gonzalez v. State, 742 So.2d 528 (Fla. 3d DCA 1999) wherein the Third District Court of Appeal certified the following question as one of great public Whether chapter 95-184, La......