Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Ricky DIXON, Appellant, v. STATE of Florida, Appellee.
ON MOTION FOR REHEARING
We deny appellant's motion for rehearing and issue the following opinion.
We affirm appellant's conviction for battery on a law enforcement officer and sentence as a violent career criminal pursuant to section 775.084(1)(c), Florida Statutes (Supp.1996). In addition, we hold that appellant's opportunity to challenge his sentence, based upon the constitutionality of the statute, ended on October 1, 1996. Consequently, appellant lacked standing to challenge this issue, since his offense occurred on March 21, 1997. “Once reenacted as a portion of the Florida Statutes, a chapter law is no longer subject to challenge on the grounds that it violates the single subject requirement of Article III.” Scott v. State, 721 So.2d 1245, 1246 (citing State v. Johnson, 616 So.2d 1, 2 (Fla.1993)). See Bortel v. State, 743 So.2d 595 (Fla. 4th DCA 1999); Salters v. State, 731 So.2d 826 (Fla. 4th DCA 1999); Williams v. State, 729 So.2d 1005 (Fla. 4th DCA 1999).
We recognize and certify to the Supreme Court that our holding, as to the window of opportunity to challenge the statute, conflicts with Thompson v. State, 708 So.2d 315 (Fla. 2d DCA), rev. granted, 717 So.2d 538 (Fla.1998).
AFFIRMED.
PER CURIAM.
KLEIN, TAYLOR and HAZOURI, JJ., concur.
Thank you for your feedback!
As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.
Docket No: No. 98-3556.
Decided: November 24, 1999
Court: District Court of Appeal of Florida,Fourth District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)