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Seay v. State

District Court of Appeal of Florida, Second District
Feb 3, 1999
728 So. 2d 1181 (Fla. Dist. Ct. App. 1999)

Opinion

No. 96-04336

Opinion filed February 3, 1999.

Appeal from the Circuit Court for Pinellas County; Burton C. Easton, (Senior) Acting Circuit Judge.

Terrence E. Kehoe, Orlando, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Tampa, for Appellee.


Shawn Seay challenges his conviction and sentence as a career criminal for an offense occurring on January 6, 1996. We affirm the conviction and reverse for resentencing pursuant to Thompson v. State, 708 So.2d 315 (Fla. 2d DCA 1998).

In Thompson, this court held that chapter 95-182, Laws of Florida, which created career criminal sentencing, is unconstitutional because it violates the single subject rule. Accordingly, based on Thompson, we reverse Seay's violent career criminal sentence and remand for resentencing. Our resolution of this matter makes it unnecessary to address the other sentencing issues.

Affirmed in part, reversed in part, and remanded.

ALTENBERND, A.C.J., and GREEN and SALCINES, JJ., Concur.


Summaries of

Seay v. State

District Court of Appeal of Florida, Second District
Feb 3, 1999
728 So. 2d 1181 (Fla. Dist. Ct. App. 1999)
Case details for

Seay v. State

Case Details

Full title:SHAWN SEAY, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Feb 3, 1999

Citations

728 So. 2d 1181 (Fla. Dist. Ct. App. 1999)

Citing Cases

State v. Seay

PER CURIAM. We have for review Seay v. State, 728 So.2d 1181 (Fla. 2d DCA 1999), in which the Second District…