5D03-1986 Sellers v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D03-1986

Case Date: 07/28/2003

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003

TONY SELLERS, Appellant, v. STATE OF FLORIDA, Appellee. ______________________________/ Opinion filed August 1, 2003 3.800 Appeal from the Circuit Court for Orange County, Frederick J. Lauten, Judge. Tony Sellers, Polk City, pro se. No Appearance for Appellee. SHARP, W., J., Sellers appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a), seeking post-conviction relief. He was sentenced to 50.88 months in prison, which included a three-year minimum mandatory term for the offense of trafficking in 28 grams or more of CASE NO. 5D03-1986

cocaine.1 He argues that the minimum mandatory term is illegal because it was imposed pursuant to Chapter 99-188, which was found to be unconstitutional because it violates the single-subject rule.2 This court has held that the constitutional violation in Chapter 99-188 has been retroactively cured. See Jackson v. State, 28 Fla. L. Weekly D1213 (Fla. 5th DCA May 16, 2003). However, as we did in that case, we certify a conflict with Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003). AFFIRMED.

SAWAYA, CJ., and THOMPSON, J., concur.

1

Download 5D03-1986 Sellers v. State.pdf