Smith v. State

Glen Smith appeals the denial of his motion to correct sentence. We reverse.

Smith was sentenced as a habitual offender for offenses occurring in April, 1990. Section 775.084, Fla.Stat. (1989). He now alleges that the habitual offender enhancement was based solely on two out-of-state felony convictions. The 1989 habitual offender statute, which was applied to this case, permitted enhancement under these facts. However, this version of the statute was invalidated by the supreme court as having been enacted in violation of constitutional “single subject” provisions. State v. Johnson, 616 So.2d 1…