Opinion
No. 96-02096
Opinion filed May 22, 1998
Appeal from the Circuit Court for Hillsborough County; Barbara Fleischer, Judge.
Thomas E. Cunningham, Jr., of Thomas E. Cunningham, Jr., P.A., Tampa, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Wendy Buffington, Assistant Attorney General, Tampa, for Appellee.
BY ORDER OF THE COURT:
Pending further consideration by this court, the mandate in the above-styled action was withheld. The decision of January 28, 1998, is withdrawn and the attached opinion is hereby substituted therefor.
I HEREBY CERTIFY THE FOREGOING IS A TRUE COPY OF THE ORIGINAL COURT ORDER.
Dwayne Jones challenges his sentence as a violent career criminal resulting from his conviction for robbery with a firearm and aggravated battery with a deadly weapon. In Thompson v. State, 23 Fla. L. Weekly D713 (Fla. 2d DCA Mar. 13, 1998), this court held that chapter 95-182, Laws of Florida, which created the sentencing structure for violent career criminals, is an unconstitutional violation of the single subject rule. Accordingly, we reverse Jones' violent career criminal sentence and remand for resentencing in accordance with the valid laws in effect at the time of Jones' sentencing.
Reversed and remanded.
ALTENBERND, A.C.J., QUINCE and WHATLEY, JJ., Concur.