Legal Opinion

McCarthy v. State

District Court of Appeal of Florida

Decided January 24, 2003No. 2D02-2928PublishedCited by 1 opinion

1Opinion of the Court

WHATLEY, Judge.

Richard W. McCarthy challenges the order of the trial court denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). McCarthy argues that his sentences as a prison releasee reoffender are illegal based on Taylor v. State, 818 So.2d 544 (Fla. 2d DCA), review dismissed by 821 So.2d 302 (Fla.2002). Taylor held that chapter 99-188, Laws of Florida, was unconstitutional because it was enacted in violation of the single subject rule. The effective date of the Prison Releasee Reof-fender Punishment Act1 is May 30, 1997. Jefferson v.…

2Cases cited3 opinions

  1. Taylor v. StateDistrict Court of Appeal of Florida · 2002
  2. Bush v. StateDistrict Court of Appeal of Florida · 2002
  3. Jefferson v. StateDistrict Court of Appeal of Florida · 2001

3Cited by1 opinion

  1. Powell v. StateDistrict Court of Appeal of Florida · 2003

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