McCall v. State
| Decision Date | 21 January 1993 |
| Docket Number | No. 78536,78536 |
| Citation | 616 So.2d 10 |
| Parties | 18 Fla. L. Week. S80 Donald McCALL, Petitioner, v. STATE of Florida, Respondent. |
| Court | Florida Supreme Court |
Richard L. Jorandby, Public Defender, and Debra Moses Stephens, Asst. Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for petitioner.
Robert A. Butterworth, Atty. Gen., and Joan Fowler, Sr. Asst. Atty. Gen., Chief, Crim. Law, and Georgina Jimenez-Orosa and John Tiedemann, Asst. Attys. Gen., West Palm Beach, for respondent.
We have for review McCall v. State, 583 So.2d 411 (Fla. 4th DCA 1991), in which the district court held that chapter 89-280, Laws of Florida, 1 did not violate the constitutional single subject requirement of article III, section 6, of the Florida Constitution. We recently reached a contrary result in addressing that same issue in State v. Johnson, 616 So.2d 1 (Fla.1993). 2 In accordance with our decision in Johnson, we quash, in part, the district court's decision in McCall.
Nevertheless, we approve McCall's sentence. As we noted in Johnson, the record in this case reflects that McCall was sentenced under section 775.084, Florida Statutes (1989), because of several prior felony convictions, including delivery of cocaine and grand theft. None of the prior conviction categories under which McCall was habitualized were altered by the amendments to section 775.084 contained in chapter 89-280. Consequently, we approve the result of the district court's decision because McCall's sentence is not affected by our decision in Johnson. We decline to consider the remaining issues raised by McCall.
It is so ordered.
1 Chapter 89-280 amended section 775.084, Florida Statutes (1989) ().
2 We have jurisdiction. Art. V, Sec. 3(b)(3), Fla. Const.
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Johnson v. State, 92-3117
...of the prerequisites for habitual felony offender classification under section 775.084(1)(a), Florida Statutes (Supp.1988). McCall v. State, 616 So.2d 10 (Fla.1993); Howard v. State, 615 So.2d 229 (Fla. 1st DCA 1993). Further, we note that the constitutionality of the 1988 version of sectio......
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Parker v. State
...under the 1995 guidelines could not have been imposed under the 1994 guidelines absent a departure. See Heggs; see also McCall v. State, 616 So.2d 10 (Fla.1993); Johnson v. State, 627 So.2d 114 (Fla. 1st DCA 1993). Specifically, he alleges that if he had been sentenced under the 1994 guidel......