Opinion
Case No. 2D02-4904.
Opinion filed April 11, 2003.
Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Pinellas County; Richard A. Luce, Judge.
James Joseph Winkler challenges the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He argues that his sentence as a prison releasee reoffender is illegal based on Taylor v. State, 818 So.2d 544 (Fla. 2d DCA), review dismissed, 821 So.2d 302 (Fla. 2002). Taylor held that chapter 99-188, Laws of Florida, was unconstitutional on single subject grounds. Chapter 99-188 contained an amendment to the Prison Releasee Reoffender Punishment Act broadening the definition of a prison releasee reoffender to include a defendant who commits a listed offense while he is serving a prison sentence or is on escape status. See ch. 99-188, § 2. Winkler's claim is insufficient because he has not alleged that he was affected by this amendment and that he could not have been sentenced as a prison releasee reoffender pursuant to the statute as it existed prior to the enactment of chapter 99-188. See Bush v. State, 823 So.2d 833 (Fla. 2d DCA 2002) (holding that the validly enacted statutes in effect prior to the enactment of chapter 99-188 control sentencing).
Affirmed.
FULMER and WHATLEY, JJ., Concur.