SC00-879 Anthony Ferrell v. State of Florida

State: Florida

Docket No: sc00-879

Case Date: 11/09/2000

Plaintiff: SC00-879 Anthony Ferrell

Defendant: State of Florida

Preview:Supreme Court of Florida
No. SC00-879
ANTHONY FERRELL,
Petitioner,
vs.
STATE OF FLORIDA,
Respondent.
[November 9, 2000]
PER CURIAM.
We have for review Ferrell v. State,753 So. 2d 694 (Fla. 4th DCA 2000),
which is in express and direct conflict with the Second District’s decision in Heggs
v. State, 718 So. 2d 263 (Fla. 2d DCA 1998), certified appeal decided, 759 So. 2d
620 (Fla. 2000), on the issue of standing to challenge 95-184, Laws of Florida, as
violative of the single subject rule contained in article III, section 6 of the Florida
Constitution.  We have jurisdiction.  See art. V, § 3(b)(3), Fla. Const.

The inter-district conflict in this case has already been resolved by this
Court.  Accordingly, consistent with our decision in Trapp v. State, 760 So. 2d
924 (Fla. 2000),  we quash the decision below and remand for resentencing in
accordance with the sentencing guidelines in effect before the relevant amendments
enacted by chapter 95-184 became effective.
It is so ordered.
SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.
WELLS, C.J., dissents.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND
IF FILED, DETERMINED.
Application for Review of the Decision of the District Court of Appeal -
Direct Conflict
Fourth District - Case No. 4D99-1152
(St. Lucie County)
Richard L. Jorandby, Public Defender, and David J. McPherrin, Assistant Public
Defender, Fifteenth Judicial Circuit, West Palm Beach, Florida,
for Petitioner
Robert A. Butterworth, Attorney General, and Jeanine M. Germanowicz, Assistant
Attorney General, West Palm Beach, Florida,
for Respondent
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