02-1610 PAREDES V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 02-1610 PAREDES V. STATE

Case Date: 11/19/2003

Preview:IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2003

CARLOS M. PAREDES, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** CASE NO. 3D02-1610 LOWER TRIBUNAL NO. F01-18817

Opinion filed November 19, 2003. An Appeal from the Circuit Court for Dade County, Roberto M. Pineiro, Judge. Bennett H. Brummer, Public Defender, and Gonzalo Alberto Gayoso, Special Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General, and Marni A. Bryson, Assistant Attorney General, for appellee.

Before LEVY, GERSTEN, and FLETCHER, JJ. ON MOTION FOR CERTIFICATION AND/OR CERTIFICATION PER CURIAM. Carlos Paredes appeals from an Order denying his motion for postconviction relief pursuant to Florida Rule of Criminal

Procedure 3.800(b)(2).

We withdraw our previously issued Opinion

and substitute the following, affirming and certifying direct conflict. Defendant/appellant Paredes was found guilty after jury trial of trafficking in cocaine in an amount greater than 25 grams but less than 200 grams in violation of subparagraph 893.135(1)(b) 1 (a), Florida Statutes (1999). The trial court sentenced Paredes to four years in state prison with a three-year mandatory minimum sentence. The defendant challenges the three-year mandatory minimum sentence imposed as illegal. The three-year mandatory minimum

sentence was added to the Criminal Code by Section 9 of Chapter 99-188, Laws of Florida. The defendant asserts that Chapter 99-188 violates the single subject rule and is unconstitutional. This

Court has previously held that Chapter 99-188 does not violate the single subject requirement of the Florida Constitution. State v.

Franklin, 836 So. 2d 1112, 1113-14 (Fla. 3d DCA 2003)(en banc). As we did in that case, we certify direct conflict with Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA), review dismissed, 821 So. 2d 302 (Fla. 2002). Affirmed; direct conflict certified.

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