Jones v. State
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
JULY TERM 2002
RICHARD JONES,
Appellant,
v.
Case No. 5D01-2775
STATE OF FLORIDA,
Appellee.
/
Opinion filed September 27, 2002
Appeal from the Circuit Court
for Orange County,
Frederick J. Lauten, Judge.
James B. Gibson, Public Defender, and Susan A.
Fagan, Assistant Public Defender, Daytona Beach, for
Appellant.
Robert A. Butterworth, Attorney General, Tallahassee,
and David H. Foxman, Assistant Attorney General,
Daytona Beach, for Appellee.
COBB, J.
The issue on this appeal is whether the lower court erred in two cases in sentencing
Jones to, three year minimum mandatory sentences in accordance with section 784.07(2)(c),
Florida Statues (1999) for the offenses of aggravated assault upon a law enforcement officer.
Jones contends that the above sentences pursuant to section 784.07(2)(c), as
amended by Chapter 99-188, Laws of Florida, should be reversed since Chapter 99-188 has
been found to violate the single subject rule. Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA),
rev. dismissed, 821 So. 2d 302 ( Fla. 2002).
After careful consideration, and noting the difference between the 1997 and 1999
versions of section 784.07 (2)(c), we agree with the logic found in Taylor that Chapter 99-188
is unconstitutional because it violates the single subject rule. Accordingly, we reverse and
remand to the lower court for re-sentencing.
REVERSED and REMANDED.
SHARP, W. and PLEUS, JJ., concur.
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