Dunlap v. State

District Court of Appeal of Florida

Dunlap v. State

778 So. 2d 540, 2001 Fla. App. LEXIS 2449, 26 Fla. L. Weekly Fed. D 662

CourtDistrict Court of Appeal of Florida

DecidedMarch 7, 2001

DocketNo. 3D00-3016

StatusPublished

This text of 778 So. 2d 540 (Dunlap v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dunlap v. State, 778 So. 2d 540, 2001 Fla. App. LEXIS 2449, 26 Fla. L. Weekly Fed. D 662 (Fla. Ct. App. 2001).

Pincite

Opinion

Confession of Error

PER CURIAM.

Willie Curtis Dunlap appeals an order denying his motion for postconviction relief. Defendant-appellant Dunlap was sentenced as a violent career criminal for a crime committed on March 7, 1996. The violent career criminal statute has been declared unconstitutional, on account of a single subject rule violation, for crimes committed October 1, 1995 to May 24, 1997. Salters v. State, 758 So.2d 667, 671 (Fla.2000); see State v. Thompson, 750 So.2d 643, 649 (Fla.1999).

We reverse the order denying postcon-viction relief and remand for resentencing in accordance with the valid laws in effect at the time that the defendant committed the offense. Salters, 758 So.2d at 672; Thompson, 750 So.2d at 649.

Reversed and remanded for resentenc-ing.

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