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.
James TARPLEY, Petitioner, v. STATE of Florida, Respondent.
We have for review Tarpley v. State, 742 So.2d 503 (Fla. 3d DCA 1999), which is in express and direct conflict with the Second District's decision in Thompson v. State, 708 So.2d 315 (Fla. 2d DCA 1998), on the issue of whether chapter 95-182, Laws of Florida, violates 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.
Since the issuance of the decision below, this Court has resolved the inter-district conflict. Specifically, in State v. Thompson, 750 So.2d 643, 648 (Fla.1999), we held that chapter 95-182 violated the single subject rule. Moreover, because the offenses for which Tarpley was convicted occurred on September 25, 1996, he has standing to challenge chapter 95-182 on single subject rule grounds. See Salters v. State, 758 So.2d 667 (Fla.2000) (holding that those who seek to challenge the violent career criminal sentencing provision enacted by chapter 95-182 have standing to do so if the relevant criminal offense or offenses occurred on or after October 1, 1995, and before May 24, 1997). Thus, consistent with our decisions in Thompson and Salters, we quash the decision below and remand for resentencing in accordance with the valid laws in effect on the date of the offenses. See Thompson, 750 So.2d at 649 (remanding for resentencing in accordance with the valid laws in effect at the time the defendant committed her offense).
It is so ordered.
PER CURIAM.
SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. WELLS, C.J., dissents.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. SC96994.
Decided: November 09, 2000
Court: Supreme Court of Florida.
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)