Narrative Opinion Summary
Brown v. State, 753 So.2d 760 (Fla. 4th DCA 2000) involves a conflict certified by the Fourth District Court of Appeal with the Second District’s ruling in Thompson v. State regarding the standing to challenge chapter 95-182, Laws of Florida, for violating the single subject rule under article III, section 6 of the Florida Constitution. The Supreme Court of Florida has jurisdiction under Article V, section 3(b)(4) of the Florida Constitution. Following the precedent set in Salters v. State, 758 So.2d 667 (Fla. 2000) and acknowledging the State’s confession of error, the Court quashes the lower court's decision as it contradicts Salters and remands the case for resentencing according to the valid laws at the offense's date. Justices SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS, and QUINCE concur, while Chief Justice WELLS concurs only in the result.
Legal Issues Addressed
Jurisdiction of the Supreme Court of Floridasubscribe to see similar legal issues
Application: The Supreme Court of Florida exercises its jurisdiction to review conflicts between district courts of appeal as provided under the state constitution.
Reasoning: The Supreme Court of Florida has jurisdiction under Article V, section 3(b)(4) of the Florida Constitution.
Precedent and Confession of Errorsubscribe to see similar legal issues
Application: The Court acknowledges the State’s confession of error and applies the precedent set in Salters v. State to resolve the conflict, leading to the quashing of the lower court's decision.
Reasoning: Following the precedent set in Salters v. State, 758 So.2d 667 (Fla. 2000) and acknowledging the State’s confession of error, the Court quashes the lower court's decision as it contradicts Salters.
Remand for Resentencingsubscribe to see similar legal issues
Application: The case is remanded for resentencing in accordance with valid laws applicable at the date of the offense, due to the quashing of the previous decision.
Reasoning: The Court... remands the case for resentencing according to the valid laws at the offense's date.
Single Subject Rule under Article III, Section 6 of the Florida Constitutionsubscribe to see similar legal issues
Application: The case involves a challenge to chapter 95-182, Laws of Florida, on the grounds that it violates the single subject rule, which is a matter of conflict between district courts.
Reasoning: Brown v. State... involves a conflict certified by the Fourth District Court of Appeal with the Second District’s ruling in Thompson v. State regarding the standing to challenge chapter 95-182, Laws of Florida, for violating the single subject rule under article III, section 6 of the Florida Constitution.