Rowe v. State
This text of 839 So. 2d 916 (Rowe 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.
Opinion
Roy R. ROWE, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Second District.
*917 KELLY, Judge.
Roy Rowe challenges the trial court's order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Rowe argues that his sentence as a habitual felony offender is illegal based on Taylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002).[1] We affirm the decision of the trial court because the statute under which Rowe was sentenced, section 775.084(4)(a)(2), Florida Statutes (2001), was not affected by the amendments contained within chapter 99-188. Rowe is therefore not entitled to relief under Taylor.
Affirmed.
SILBERMAN and COVINGTON, JJ., concur.
NOTES
[1] Taylor held that chapter 99-188, Laws of Florida was unconstitutional because it was enacted in violation of the single subject rule.
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839 So. 2d 916, 2003 WL 1092992, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rowe-v-state-fladistctapp-2003.