State v. Jones, SC93119.
Citation | 753 So.2d 1276 |
Decision Date | 02 March 2000 |
Docket Number | No. SC93119.,SC93119. |
Parties | STATE of Florida, Appellant, v. Dwayne JONES, Appellee. |
Court | Florida Supreme Court |
Robert A. Butterworth, Attorney General, James W. Rogers, Tallahassee Bureau Chief, Criminal Appeals, and Edward C. Hill, Jr., Assistant Attorney General, Tallahassee, Florida, for Appellant.
Thomas E. Cunningham, Jr., Tampa, Florida, for Appellee.
We have for review Jones v. State, 709 So.2d 1385 (Fla. 2d DCA 1998), in which the Second District Court of Appeal followed its prior decision in Thompson v. State, 708 So.2d 315 (Fla. 2d DCA 1998), in holding that chapter 95-182, Laws of Florida, is unconstitutional as violative of the single subject rule contained in article III, section 6 of the Florida Constitution. We have jurisdiction. See Art. V, § 3(b)(1) Fla. Const.1 Based on our decision in State v. Thompson, 750 So.2d 643 (Fla. 1999), in which we held unconstitutional chapter 95-182, Laws of Florida, as violative of the single subject rule, we affirm the decision below reversing Jones' violent career criminal sentence2 and remand this cause for resentencing in accordance with the valid laws in effect on October 2, 1995, the date on which Jones committed the underlying offenses in this case.3See Thompson, 750 So.2d 643, 644
(. )
It is so ordered.
1. We also note that the Jones Court's holding expressly and directly conflicts with the Third District Court of Appeal's decision in Higgs v. State, 695 So.2d 872 (Fla. 3d DCA 1997).
2. The trial court's oral pronouncement at the sentencing hearing clearly shows that Jones was sentenced as a violent career criminal:
On the armed robbery count, you will be adjudicated, you'll be sentenced as a violent career criminal to life in prison on the armed robbery.... As to the aggravated battery charge, you'll be adjudicated, sentenced to forty years in Florida State Prison with a minimum mandatory of thirty years.
Record on Appeal at 390-91; accord § 775.084(4)(c), Fla. Stat. (1995) ( ). However, the written sentencing order entered by the trial court indicates that Jones was sentenced on both offenses as a habitual violent felony offender under section 775.084(4)(b), Florida Statutes. See Record on Appeal at 69-76. The written sentencing order is inconsistent with the oral sentencing pronouncement; in such a situation, the oral pronouncement controls. See, e.g., State v. Williams, 712 So.2d 762, 764 (Fla.1998)
( ); Driver v. State, 710 So.2d 652, 653 (Fla. 2d DCA 1998) ( ).
3. We note that Jones has standing to raise a single subject rule challenge to chapter 95-182, Laws of Florida, even assuming the window period for raising such a challenge closed on October 1, 1996, as...
To continue reading
Request your trial-
Williams v. State
...Indeed, we have restricted the authority of a trial court to enter a conflicting written sentence in this manner. State v. Jones, 753 So.2d 1276, 1277 n. 2 (Fla.2000). Accordingly, no court has the authority to enter such a sentence, since the oral pronouncement controls and constitutes the......
- State Farm Florida Insurance Company v. Seville Place Condominium Association, Inc., No. 3D08-2538 (Fla. App. 10/14/2009)
-
Fridman v. Safeco Ins. Co. of Ill.
...the courts have repeatedly held that a determination of the extent of the damages is a prerequisite to the bad faith action. See Vest[, 753 So.2d at 1276 ]; Blanchard[, 575 So.2d at 1291 ]; [ Progressive Select Ins. Co. v.] Shockley[, 951 So.2d 20 (Fla. 4th DCA 2007) ]. A collateral legal c......
-
Maritza Riascos-Mazo, Individually And, LLC v. Certain Underwriters At Lloyd's of London Subscribing to Certificate No. Sa 01329-R4-14581, & First Flight Ins. Grp., Inc.
... ... [15]. 4 1. Standard of Review In order to state a claim for relief, Federal Rule of Civil Procedure Rule 8(a) requires only "a short and plain ... ...