Foster v. State

BLUE, Judge.

Johnny Foster, Jr., appeals the judgments and sentences imposed for the offense of arson and for violation of probation. We affirm the judgments in both cases and the sentence imposed for the violation of probation. We reverse the habitual violent felony offender sentence imposed on the arson case because it falls within the parameters of the holding in State v. Johnson, 616 So.2d 1 (Fla.1993).

In Johnson, the Florida Supreme Court held that the 1989 amendments to section 775.084, Florida Statutes, violate the single subject rule of article III, section 6, of the Florida…