Opinion

Brown v. State

  • 754 So. 2d 809
  • 2000 Fla. App. LEXIS 3695
  • 2000 WL 313604
Court
District Court of Appeal of Florida
Filed
Mar 29, 2000
Status
Published
On the bench
Polen, Stone, Warner
Cited by
0 cases
Authority
More cited than 0.7%

The opinion

PER CURIAM.

Appellant pled guilty to having burglarized a dwelling on February 13, 1996. After he was placed on probation for that crime, the state charged he violated the conditions of his probation. On February 23, 1999, the trial court found he violated four such conditions and sentenced him to 60 months in state prison. His sentencing points for his primary offense, however, was increased as a direct result of Chapter 95-184, section 5, Laws of Florida.

The supreme court in Heggs v. State, 25 Fla. L. Weekly S137 , — So.2d -, 2000 WL 178052 (Fla. Feb. 17, 2000) held that Chapter 95-184 was unconstitutional because it violated the single-subject requirement. As the state concedes, his sentence is illegal and, thus, resentencing is required.

REVERSED and REMANDED for further proceedings.

WARNER, C.J., STONE and POLEN, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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