Elliard v. State

Supreme Court of Florida

Elliard v. State

755 So. 2d 107, 25 Fla. L. Weekly Supp. 238, 2000 Fla. LEXIS 622, 2000 WL 297872

CourtSupreme Court of Florida

DecidedMarch 23, 2000

DocketNo. SC93719

StatusPublished

This text of 755 So. 2d 107 (Elliard v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Elliard v. State, 755 So. 2d 107, 25 Fla. L. Weekly Supp. 238, 2000 Fla. LEXIS 622, 2000 WL 297872 (Fla. 2000).

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Opinion

PER CURIAM.

We have for review Elliard v. State, 714 So.2d 1218 (Fla. 3d DCA 1998), in which the Third District Court of Appeal affirmed Booker T. Elliard’s 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 Elli-ard 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 the decision below and remand for resentencing in accordance with the valid laws in effect on February 28, 1996, the date on which Elli-ard committed the underlying offense in this case.¹ See Thompson, 750 So.2d at 649 (remanding for resentencing in accordance with the valid laws in effect at the time the defendant committed her offenses).

It is so ordered.

HARDING, C.J., and SHAW, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. WELLS, J., dissents.

¹

. We note that Elliard 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 determined by the Fourth District Court of Appeal in Salters v. State, 731 So.2d 826, 826 (Fla. 4th DCA), review granted, 749 So.2d 503 (Fla.1999). Further, even though Elliard failed to raise a single subject rule challenge in the trial court, we find that such challenge may be properly addressed in this case for the first time on appeal. Cf. Heggs v. State, 25 Fla. L. Weekly S137, S138, S140 n. 4, - So.2d -, - n.4, 2000 WL 178052 (Fla. Feb. 17, 2000); Nelson v. State, 748 So.2d 237, 241-42 (Fla.1999), cert. denied, - U.S. -, 120 S.Ct. 950, -L.Ed.2d - (2000); State v. Johnson, 616 So.2d 1, 3-4 (Fla.1993).

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PER CURIAM.

We have for review Elliard v. State, 714 So.2d 1218 (Fla. 3d DCA 1998), in which the Third District Court of Appeal affirmed Booker T. Elliard’s 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 Elli-ard 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 the decision below and remand for resentencing in accordance with the valid laws in effect on February 28, 1996, the date on which Elli-ard committed the underlying offense in this case.¹ See Thompson, 750 So.2d at 649 (remanding for resentencing in accordance with the valid laws in effect at the time the defendant committed her offenses).

It is so ordered.

HARDING, C.J., and SHAW, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. WELLS, J., dissents.

¹

. We note that Elliard 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 determined by the Fourth District Court of Appeal in Salters v. State, 731 So.2d 826, 826 (Fla. 4th DCA), review granted, 749 So.2d 503 (Fla.1999). Further, even though Elliard failed to raise a single subject rule challenge in the trial court, we find that such challenge may be properly addressed in this case for the first time on appeal. Cf. Heggs v. State, 25 Fla. L. Weekly S137, S138, S140 n. 4, - So.2d -, - n.4, 2000 WL 178052 (Fla. Feb. 17, 2000); Nelson v. State, 748 So.2d 237, 241-42 (Fla.1999), cert. denied, - U.S. -, 120 S.Ct. 950, -L.Ed.2d - (2000); State v. Johnson, 616 So.2d 1, 3-4 (Fla.1993).

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755 So. 2d 107, 25 Fla. L. Weekly Supp. 238, 2000 Fla. LEXIS 622, 2000 WL 297872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elliard-v-state-fla-2000.

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