Sweezey v. State

District Court of Appeal of Florida

Sweezey v. State

839 So. 2d 702, 2002 Fla. App. LEXIS 16159, 2002 WL 31487163

CourtDistrict Court of Appeal of Florida

DecidedNovember 8, 2002

DocketNo. 2D01-2650

StatusPublished

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This text of 839 So. 2d 702 (Sweezey 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.

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Sweezey v. State, 839 So. 2d 702, 2002 Fla. App. LEXIS 16159, 2002 WL 31487163 (Fla. Ct. App. 2002).

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Opinion

BLUE, Chief Judge.

Michael D. Sweezey appeals his convictions and sentences for conspiracy to traffic in methamphetamine, possession with intent to sell, and possession of paraphernalia. We affirm the convictions without discussion but reverse the minimum mandatory sentence for conspiracy to traffic.

Sweezey argues, and the State properly concedes, that the seven-year, minimum mandatory sentence for conspiracy to traffic in methamphetamine was authorized by chapter 99-188, Laws of Florida, which this court found unconstitutional as a violation of the single subject rule. See Taylor v. State, 818 So.2d 544 (Fla. 2d DCA), review dismissed, 821 So.2d 302 (Fla.2002). Accordingly, based on Taylor, we reverse the sentence and remand for resentencing in accordance with the valid laws in effect on the date of Sweezey’s offense.

Affirmed in part; reversed in part; remanded for resentencing.

SALCINES and DAVIS, JJ., Concur.

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BLUE, Chief Judge.

Michael D. Sweezey appeals his convictions and sentences for conspiracy to traffic in methamphetamine, possession with intent to sell, and possession of paraphernalia. We affirm the convictions without discussion but reverse the minimum mandatory sentence for conspiracy to traffic.

Sweezey argues, and the State properly concedes, that the seven-year, minimum mandatory sentence for conspiracy to traffic in methamphetamine was authorized by chapter 99-188, Laws of Florida, which this court found unconstitutional as a violation of the single subject rule. See Taylor v. State, 818 So.2d 544 (Fla. 2d DCA), review dismissed, 821 So.2d 302 (Fla.2002). Accordingly, based on Taylor, we reverse the sentence and remand for resentencing in accordance with the valid laws in effect on the date of Sweezey’s offense.

Affirmed in part; reversed in part; remanded for resentencing.

SALCINES and DAVIS, JJ., Concur.

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839 So. 2d 702, 2002 Fla. App. LEXIS 16159, 2002 WL 31487163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sweezey-v-state-fladistctapp-2002.

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