Hankerson v. State

765 So. 2d 982, 2000 Fla. App. LEXIS 11330, 2000 WL 1258287
CourtDistrict Court of Appeal of Florida
DecidedSeptember 6, 2000
DocketNo. 4D00-1906
StatusPublished
Cited by2 cases

This text of 765 So. 2d 982 (Hankerson 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
Hankerson v. State, 765 So. 2d 982, 2000 Fla. App. LEXIS 11330, 2000 WL 1258287 (Fla. Ct. App. 2000).

Opinion

PER CURIAM.

Appellant appeals the denial of his motion to correct his sentence arguing that his sentence as a habitual violent offender, imposed for a life felony, is illegal based on the unconstitutionality of Chapter 95-182, Laws of Florida. That law amended section 775.084, Florida Statutes. (1993), to include life felonies as crimes for which habitual offender sentences may be imposed. See Summers v. State, 747 So.2d 987, 988 (Fla. 5th DCA 1999). Prior to that amendment, life felonies were not subject to habitualization. We reverse and remand for reconsideration of the sentence under sentencing laws in effect immediately prior to the 1995 amendments. See Lewis v. State, 764 So.2d 874 (Fla. 4th DCA 2000).

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

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Related

Patrick Hawkins v. State of Florida
195 So. 3d 1196 (District Court of Appeal of Florida, 2016)
Al L. Burgess v. State of Florida
182 So. 3d 841 (District Court of Appeal of Florida, 2016)

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Bluebook (online)
765 So. 2d 982, 2000 Fla. App. LEXIS 11330, 2000 WL 1258287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hankerson-v-state-fladistctapp-2000.