Johnson v. State, No. 91-742

CourtCourt of Appeal of Florida (US)
Writing for the CourtJOANOS; ALLEN, J., and WENTWORTH
Citation589 So.2d 1370
PartiesCecil B. JOHNSON, Appellant, v. STATE of Florida, Appellee. 589 So.2d 1370, 16 Fla. L. Week. D2876
Decision Date15 November 1991
Docket NumberNo. 91-742

Page 1370

589 So.2d 1370
Cecil B. JOHNSON, Appellant,
v.
STATE of Florida, Appellee.
No. 91-742.
589 So.2d 1370, 16 Fla. L. Week. D2876
District Court of Appeal of Florida,
First District.
Nov. 15, 1991.
Motion to Certify Question Denied Dec. 10, 1991.

Nancy A. Daniels, Public Defender, and Steven A. Rothenburg, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Charlie McCoy, Asst. Atty. Gen., Tallahassee, for appellee.

JOANOS, Chief Judge.

Appellant was found guilty of sale or delivery of cocaine, and after proper notice and submission of proof of prior convictions, he was sentenced as an habitual violent felony offender. The issues on appeal are: (1) whether Chapter 89-280, Laws of Florida, which amended section 775.084, the habitual felony offender provision, violates the one-subject rule of the Florida Constitution, and (2) whether section 775.084, Florida Statutes (1989), is inequitable, irrational, and vague, in violation of Article I, sections 9 and 16 of the Florida Constitution, and the Fourteenth Amendment to the U.S. Constitution. We reverse, and certify as a question of great public importance

Page 1371

whether Chapter 89-280 violates the single subject rule of the Florida Constitution.

Since the instant offense was committed within the time period between the October 1, 1989, effective date of the 1989 amendments to the habitual felony offender provisions and their re-enactment, effective May 2, 1991, as a part of the Florida Statutes, we address appellant's argument that section 775.084, Florida Statutes (1989), as amended, violates the one-subject rule. See Ch. 89-280, Sec. 12, Laws of Fla.; Ch. 91-44, Laws of Fla. The single subject rule of Article III, section 6, Florida Constitution, 1 is not violated where the different targets of an act are naturally and logically connected. The subject matter of an act may be as broad as the legislature chooses, so long as the matters included have a natural or logical connection. See Burch v. State, 558 So.2d 1 (Fla.1990); Smith v. Department of Insurance, 507 So.2d 1080 (Fla.1987); Chenoweth v. Kemp, 396 So.2d 1122 (Fla.1981); State v. Lee, 356 So.2d 276 (Fla.1978); Alterman Transport Lines, Inc. v. State, 405 So.2d 456 (Fla. 1st DCA 1981); Blankenship v. State, 545 So.2d 908 (Fla. 2d DCA 1989), approved, 556 So.2d 1108 (Fla.1990). The test for determining duplicity of subject "is whether or not the provisions of the bill are designed to accomplish separate and disassociated objects of legislative effort." Burch v. State, 558 So.2d at 2, quoting State v. Thompson, 120 Fla. 860, 163 So. 270 (1935).

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34 practice notes
  • Johnson v. State, No. 92-3117
    • United States
    • Court of Appeal of Florida (US)
    • November 30, 1993
    ...the amended 1989 version of the statute applied. Because the crimes occurred during the "window period" described in Johnson v. State, 589 So.2d 1370 (Fla. 1st DCA 1991), approved, 616 So.2d 1 (Fla.1993), a constitutional challenge is permitted only if Appellant would not have qualified as ......
  • State v. Johnson, Nos. 79150
    • United States
    • United States State Supreme Court of Florida
    • January 14, 1993
    ...Defenders, Second Judicial Circuit, Tallahassee, for respondent/appellee. Page 2 OVERTON, Justice. We have for review Johnson v. State, 589 So.2d 1370 (Fla. 1st DCA 1991), in which the district court held that the amendments to section 775.084, Florida Statutes (1989) (the habitual violent ......
  • Kearse v. State, 91-39
    • United States
    • Court of Appeal of Florida (US)
    • September 17, 1992
    ...issues, the remaining four issues appellant raised have been rendered moot. The trial court, however, should consider Johnson v. State, 589 So.2d 1370 (Fla. 1st DCA 1991), petition for review filed, No. 79,150 (Fla. Dec. 31, 1991), if, after remand, the imposition of a habitual felony offen......
  • Brown v. State, No. 90-3048
    • United States
    • Court of Appeal of Florida (US)
    • December 4, 1992
    ...of time within which appellant committed the offenses for which habitual felony offender sentencing was imposed. See Johnson v. State, 589 So.2d 1370 (Fla. 1st DCA 1991), review pending, S.Ct. No. 79, 204. In Johnson, which was decided after the sentencing in this case, the court held that ......
  • Request a trial to view additional results
34 cases
  • Johnson v. State, No. 92-3117
    • United States
    • Court of Appeal of Florida (US)
    • November 30, 1993
    ...the amended 1989 version of the statute applied. Because the crimes occurred during the "window period" described in Johnson v. State, 589 So.2d 1370 (Fla. 1st DCA 1991), approved, 616 So.2d 1 (Fla.1993), a constitutional challenge is permitted only if Appellant would not have qualified as ......
  • State v. Johnson, Nos. 79150
    • United States
    • United States State Supreme Court of Florida
    • January 14, 1993
    ...Defenders, Second Judicial Circuit, Tallahassee, for respondent/appellee. Page 2 OVERTON, Justice. We have for review Johnson v. State, 589 So.2d 1370 (Fla. 1st DCA 1991), in which the district court held that the amendments to section 775.084, Florida Statutes (1989) (the habitual violent ......
  • Kearse v. State, 91-39
    • United States
    • Court of Appeal of Florida (US)
    • September 17, 1992
    ...issues, the remaining four issues appellant raised have been rendered moot. The trial court, however, should consider Johnson v. State, 589 So.2d 1370 (Fla. 1st DCA 1991), petition for review filed, No. 79,150 (Fla. Dec. 31, 1991), if, after remand, the imposition of a habitual felony offen......
  • Brown v. State, No. 90-3048
    • United States
    • Court of Appeal of Florida (US)
    • December 4, 1992
    ...of time within which appellant committed the offenses for which habitual felony offender sentencing was imposed. See Johnson v. State, 589 So.2d 1370 (Fla. 1st DCA 1991), review pending, S.Ct. No. 79, 204. In Johnson, which was decided after the sentencing in this case, the court held that ......
  • Request a trial to view additional results

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