From Casetext: Smarter Legal Research

McKenzie v. State

District Court of Appeal of Florida, Third District
Jul 21, 1999
738 So. 2d 436 (Fla. Dist. Ct. App. 1999)

Opinion

No. 99-1437.

Opinion filed July 21, 1999.

An appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Dade County, Leon M. Firtel, Judge, L.T. No. 96-33030.

Claude E. McKenzie, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before COPE, LEVY and GREEN, JJ.


Claude E. McKenzie appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Defendant was sentenced as a habitual violent felony offender. The date of the offense was October 14, 1996.

Relying on Heggs v. State, 718 So.2d 263 (Fla. 2d DCA 1998), review granted, 729 So.2d 391 (Fla. 1999), defendant-appellant in his motion contends that the statute under which he was sentenced was unconstitutional because it violated the single subject rule. The Second District inHeggs suggested that chapter 95-184, Laws of Florida, violated the single subject rule and passed the question through the Florida Supreme Court for immediate resolution.See 718 So.2d at 264-65.

The Heggs decision has no impact on the defendant's case. While chapter 95-184, Laws of Florida covered a number of criminal law issues, it made no change in the sentencing provisions for habitual violent felony offenders. That being so, the trial court correctly rejected the defendant's claim based onHeggs.

We likewise find no error in the trial court's rejection of the defendant's remaining claims.

Affirmed.


Summaries of

McKenzie v. State

District Court of Appeal of Florida, Third District
Jul 21, 1999
738 So. 2d 436 (Fla. Dist. Ct. App. 1999)
Case details for

McKenzie v. State

Case Details

Full title:CLAUDE EMERALD McKENZIE, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Jul 21, 1999

Citations

738 So. 2d 436 (Fla. Dist. Ct. App. 1999)

Citing Cases

De La Rosa v. State

This Court, however, has previously determined that the Heggs ruling does not affect those properly sentenced…

Jefferson v. State

Additionally, his reliance on Heggs v. State, 759 So.2d 620 (Fla. 2000) is misplaced because the Heggs…