Hersey v. State, 831 So. 2d 679 (Fla. 5th DCA 2002). · Go Syfert
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Hersey v. State, 831 So. 2d 679 (Fla. 5th DCA 2002). Cases Citing This Book View Copy Cite
59 citation events (59 in the last 25 years) across 2 distinct courts.
Strongest positive: Hersey v. State (fla, 2005-04-21)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 14 distinct citers.
discussed Cited as authority (rule) Hersey v. State
Fla. · 2005 · confidence medium
In Hersey v. State, 831 So.2d 679, 680 (Fla. 5th DCA 2002), the Fifth District Court of Appeal concluded that the Act violated the single subject clause in article III, section 6 of the Florida Constitution, but ultimately upheld the sentence imposed pursuant to chapter 99-188 on grounds that the Act’s infirmity was retroactively cured by legislation enacted in 2002.
discussed Cited "see" State v. Jones
Fla. · 2005 · signal: see · confidence high
See Jones v. State, 872 So.2d 938, 940 (Fla. 5th DCA 2004) (receding in part from Hersey v. State, 831 So.2d 679 (Fla. 5th DCA 2002)). 1 We quash the decisions of the Fifth District in these cases and remand for reconsideration in light of our decision in Franklin v. State, 887 So.2d 1063 (Fla.2004), in which we held that chapter 99-188 did not violate the single subject rule.
discussed Cited "see" Franklin v. State
Fla. · 2004 · signal: see · confidence high
See Hersey v. State, 831 So.2d 679 (Fla. 5th DCA 2002) (citing Taylor ), receded from in part by Jones v. State, 872 So.2d 938 (Fla. 5th DCA 2004). [8] The Fourth and First Districts have agreed with the Third District that the Act does not violate the single subject rule.
cited Cited "see" Waits v. State
Fla. Dist. Ct. App. · 2004 · signal: see · confidence high
See Hersey v. State, 831 So.2d 679 (Fla. 5th DCA 2002).
cited Cited "see" State v. Andrews
Fla. Dist. Ct. App. · 2004 · signal: see · confidence high
See Hersey v. State, 831 So.2d 679 (Fla. 5th DCA 2002), receded from on other grounds by Jones v. State, 872 So.2d 938 (Fla. 5th DCA Mar.26, 2004) (en banc). .
cited Cited "see" Jones v. State
Fla. Dist. Ct. App. · 2004 · signal: see · confidence high
See Hersey v. State, 831 So.2d 679 (Fla. 5th DCA 2002) (on grant of rehearing); see also Carlson v. State, 27 Fla. L.
cited Cited "see" Hillard v. State
Fla. Dist. Ct. App. · 2004 · signal: see · confidence high
See Hersey v. State, 831 So.2d 679 (Fla. 5th DCA 2002).
cited Cited "see" Fillyaw v. State
Fla. Dist. Ct. App. · 2003 · signal: see · confidence high
See Hersey v. State, 831 So.2d 679 (Fla. 5th DCA 2002) (on grant of rehearing); see *591 also Carlson v. State, 27 Fla. L.
cited Cited "see" Oliver v. State
Fla. Dist. Ct. App. · 2003 · signal: see · confidence high
See Hersey v. State, 831 So.2d 679 (Fla. 5th DCA 2002), which relied on the reasoning employed in Dobbert v. Florida, 432 U.S. 282 , 97 S.Ct. 2290 , 53 L.Ed.2d 344 (1977).
cited Cited "see" Phillips v. State
Fla. Dist. Ct. App. · 2003 · signal: see · confidence high
See Hersey v. State, 831 So.2d 679 (Fla. 5th DCA 2002).
cited Cited "see" Bruso v. State
Fla. Dist. Ct. App. · 2003 · signal: see · confidence high
See Hersey v. State, 831 So.2d 679 (Fla. 5th DCA 2002); Green v. State, 832 So .2d 199 (Fla. 4th DCA 2002).
cited Cited "see" Sutton v. State
Fla. Dist. Ct. App. · 2003 · signal: see · confidence high
See Hersey v. State, 831 So.2d 679, 680 (Fla. 5th DCA 2002); question certified, 27 Fla. L.
cited Cited "see" Crespin v. State
Fla. Dist. Ct. App. · 2003 · signal: see · confidence high
See Hersey v. State, 831 So.2d 679, 680 (Fla. 5th DCA 2002); question certified, 27 Fla. L.
cited Cited "see" Green v. State
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See Hersey v. State, 831 So.2d 679 (Fla. 5th DCA 2002), aff'd on reh'g, 831 So.2d 680 (Fla. 5th DCA Sept.20, 2002).
Scott HERSEY, Appellant,
v.
STATE of Florida, Appellee.
5D01-2314.
District Court of Appeal of Florida, Fifth District.
Dec 6, 2002.
831 So. 2d 679
Harris.
Cited by 51 opinions  |  Published

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Denise O. Simpson, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, J.

Hersey appeals his conviction and sentence for robbery with a deadly weapon, aggravated battery, and aggravated assault. We affirm his conviction. The State concedes that the scoresheet used at sentencing was in error. We remand for re-sentencing under a corrected scoresheet without consideration of the "three-strike"[*680] enhancement. See Taylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002).

As did the court in Taylor, we certify the issue of the constitutionality of the amendment to the supreme court.

AFFIRMED.

ON MOTION FOR REHEARING

The State has moved for rehearing on the basis that the enactment of chapter 02-210, Laws of Florida, cured chapter 99-188's constitutional infirmity. The State claims that this curative provision applies retroactively. We agree that under the reasoning of Dobbert v. Florida, 432 U.S. 282, 97 S.Ct. 2290, 53 L.Ed.2d 344 (1977), it does. We grant rehearing and affirm the sentence below.

REHEARING GRANTED and SENTENCE BELOW AFFIRMED.

ON MOTION FOR CERTIFICATION

We grant appellant's motion for certification and certify the issue of the constitutionality of the curative effect of chapter 02-210, Laws of Florida as it relates to chapter 99-188 to the supreme court as one of exceptional importance.

SHARP, W., and PLEUS, JJ., concur.