Jones v. State
| Decision Date | 25 May 2000 |
| Docket Number | No. SC99-37.,SC99-37. |
| Citation | 759 So.2d 681 |
| Parties | Lloyd M. JONES, Petitioner, v. STATE of Florida, Respondent. |
| Court | Florida Supreme Court |
Lloyd M. Jones, Miami, Florida, Petitioner, pro se.
Robert A. Butterworth, Attorney General, and Mark Rosenblatt, Assistant Attorney General, Miami, Florida, for Respondent.
We have for review Jones v. State, 747 So.2d 982 (Fla. 3d DCA 1999), in which the Third District Court of Appeal affirmed Lloyd M. Jones' violent career criminal sentence based on its prior decision in Higgs v. State, 695 So.2d 872 (Fla. 3d DCA 1997). In so affirming, the Jones court certified conflict with the Second District Court of Appeal's decision in Thompson v. State, 708 So.2d 315 (Fla. 2d DCA 1998). We have jurisdiction. See Art. V, § 3(b)(4), Fla. Const. Based on our decision in State v. Thompson, 750 So.2d 643 (Fla.1999), we quash that portion of the decision below that affirmed petitioner's violent career criminal sentence and remand for resentencing in accordance with the valid laws in effect on April 15, 1996, the date on which Jones committed the underlying offense in this case.1See Thompson, 750 So.2d at 649
().
It is so ordered.
1. We note that Jones has standing to raise a single subject rule challenge to chapter 95-182, Laws of Florida, in light of our decision in Salters v. State, 758 So.2d 667 (Fla.2000). Further, we decline to address Jones' ineffective assistance of trial counsel claim here, as the Third District fully addressed that claim in the decision below and the claim clearly is outside the scope of the certified conflict before us. See, e.g., Ross v. State, 601 So.2d 1190, 1193 (Fla.1992)
.
To continue reading
Request your trial
-
Jacobs v. State
...decision and not ineffectiveness of counsel. See Jones v. State, 747 So.2d 982 (Fla. 3d DCA 1999), quashed in part on other grounds, 759 So.2d 681 (Fla.2000). Under rule 3.850, a defendant is entitled to an evidentiary hearing unless the motion and record conclusively show the defendant is ......
-
Jacobs v. State, 3D01-573.
...decision and not ineffectiveness of counsel. See Jones v. State, 747 So.2d 982 (Fla. 3d DCA 1999), quashed in part on other grounds, 759 So.2d 681 (Fla.2000). Under Rule 3.850, a defendant is entitled to an evidentiary hearing unless the motion and record conclusively show the defendant is ......
-
Jones v. State, 3D01-322.
...Before SCHWARTZ, C.J., and JORGENSON and GREEN, JJ. On Petition For Belated Appeal SCHWARTZ, Chief Judge. As a result of Jones v. State, 759 So.2d 681 (Fla.2000), Jones was resentenced in the circuit court on October 11, 2000. It is admitted that Jones was not present at the resentencing an......