Legal Opinion

Bailey v. State

District Court of Appeal of Florida

Decided September 5, 2003No. 5D03-2620Published

1Per curiam

Bailey appeals from the trial court’s summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He argues the minimum mandatory portion of his sentence, which he received for trafficking in ecstasy, is illegal, citing Taylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002), rev. dismissed, 821 So.2d 302 (Fla.2002), which held chapter 99-188, Laws of Florida, violated the single subject rule.

We adhere to our prior view that the Legislature cured this constitutional problem by re-enacting the provisions of chapter 99-188 in later legislation, and that this…

2Cases cited3 opinions

  1. Taylor v. StateDistrict Court of Appeal of Florida · 2002
  2. Hersey v. StateDistrict Court of Appeal of Florida · 2002
  3. Jackson v. StateDistrict Court of Appeal of Florida · 2003

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